E-Signatures and Electronic Loan Documentation: Complying with ESIGN/UETA, Interplay With the UCC

Navigating Issues of Enforceability, Authentication of E-Signatures and Admissibility

A live 90-minute CLE webinar with interactive Q&A


Thursday, September 14, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will provide counsel with an examination of recent legal trends and developments affecting commercial documentation and signatures sent via email, text messaging or other forms of electronic communication, with a focus on loan documentation. The panel will examine legal and practical issues regarding the authentication of electronic signatures and the admissibility of electronic communications and e-signatures in litigation, including the Electronic Signatures in Global and National Commerce (ESIGN) Act, Uniform Electronic Transactions Act (UETA), and UCC implications.

Description

Emails and text messages, now standard forms of business communication, are frequently the means through which counsel outline, negotiate and revise the terms and conditions of business deals. E-sign and electronic documents are now making their debut in commercial lending.

The ESIGN Act and the UETA provide the basic framework for the enforceability of electronic records and signatures. Like paper documents, electronic documents must comply with applicable state laws and the UCC. Counsel must navigate the impact of these laws on borrower promissory notes, loan agreements, security agreements and guaranties.

If litigation ensues surrounding electronic loan documents, counsel must be prepared to address issues related to enforceability as well as the authentication and admissibility of electronic communications and e-signatures.

Listen as our authoritative panel discusses recent trends in electronic loan documentation and e-signatures that impact commercial loan documentation as well as case law developments affecting commercial finance agreements via email, text messaging or other forms of electronic communication. The program will examine legal and practical issues regarding the authentication of electronic signatures and the admissibility of electronic communications and e-signatures in litigation.

Outline

  1. Introduction to ESIGN and UETA
  2. Electronic signatures—what are they?
  3. “Pre-electronic” signature law—ensuring validity
  4. Electronic signature law—provisions and practices to ensure validity
  5. Electronic signature law—third-party documents and evidentiary considerations to ensure validity
  6. Relevant e-signature case law update

Benefits

The panel will review these and other key issues:

  • What are the legal issues surrounding electronic signatures?
  • What is the interplay between ESIGN and UETA and the UCC, and how does this impact various agreements that are part of the loan package?
  • What enforceability, authentication and admissibility challenges do counsel face in litigation involving alleged electronic loan documents?

Faculty

J. Sharon Kim, Esq.
Burr & Forman, Atlanta

Ms. Kim practices in the firm’s Corporate & Tax and Lending Practice Group, representing companies and banks in transactional matters. She assists clients with mergers and acquisitions, commercial lending, and general corporate matters. Ms. Kim has experience drafting various contracts that support all business needs, forming and converting corporate entities, and drafting commercial loan transactions.

Ed Snow, Partner
Burr & Forman, Atlanta

Mr. Snow practices in the firm's Lending practice group. He represents banks, finance companies, funds and borrowers in the middle and large corporate markets. He has extensive experience with a wide array of lending/borrowing transactions, including accounts receivable and inventory finance; cash flow finance; mezzanine finance; health care finance; equipment finance; joint venture finance; leveraged acquisition finance; unsecured finance; letters of credit finance; asset securitizations; media, high tech and telecommunications finance; real estate finance; loan syndications and participations; workouts, restructurings and forbearance arrangements; secured party sales; debtor-in-possession finance; and loan purchases and sales. He frequently writes and speaks on lending and other legal topics.


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This webinar is eligible for at least 1.5 general CLE credits.

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Banking & Finance Law Advisory Board

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Thompson Hine

Mark N. Berman

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Willa Cohen Bruckner

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Lawrence Kaplan

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Kevin Petrasic

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