Electronic Contracts and E-Signatures: Complying With ESIGN and the UETA, Interplay With the UCC

Navigating Issues of Enforceability, Authentication and Admissibility

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, March 6, 2018

Recorded event now available

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Program Materials

This CLE webinar will examine recent legal trends and developments regarding e-signatures and electronic contracts. The panel will discuss evolving legal and practical issues, including the authentication of e-signatures; the admissibility of electronic contracts and e-signatures in litigation; and the implications of the Electronic Signatures in Global and National Commerce (ESIGN) Act, Uniform Electronic Transactions Act (UETA) and UCC for parties contracting via electronic means.

Description

E-signatures and electronic contracts are now standard in business transactions; counsel uses these tools to outline, negotiate, execute and revise the terms and conditions of deals.

The ESIGN Act and the UETA provide the basic framework for the enforceability of electronic records and e-signatures. E-signature laws also provide the legal framework for blockchain-based transactions and smart contracts. Like paper documents, electronic documents must comply with applicable federal and state laws, including the UCC.

If litigation ensues surrounding electronic contracts, counsel must be able to understand and 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 contracts and e-signatures, including case law developments affecting commercial agreements negotiated via electronic means. The program will examine legal and practical issues regarding the authentication of e-signatures, the admissibility of electronic communications and e-signatures in litigation, and increasing regulation in this area.

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Outline

  1. Electronic contracts and e-signatures—what are they?
  2. Implications of ESIGN, UETA, UCC for electronic contracts
  3. Relevant case law and regulatory developments
    1. Intersection of electronic signatures and blockchain transactions
  4. Provisions and practices to ensure validity of electronic contracts and e-signatures
  5. Enforceability, authentication and admissibility challenges with electronic contracts and e-signatures

Benefits

The panel will review these and other key issues:

  • What are the legal issues surrounding electronic contracts and e-signatures?
  • What is the interplay between ESIGN, UETA and the UCC, and how does this impact electronic contracts?
  • How e-signature laws provide the legal framework for blockchain-based transactions and smart contracts.
  • What enforceability, authentication and admissibility challenges do counsel face in litigation involving e-signatures and electronic contracts?

Faculty

Casey, Brian
Brian T. Casey

Partner
Locke Lord

As Co-Leader of the firm’s Regulatory and Transactional Insurance Practice Group, and a member of the firm's...  |  Read More

Shirley, Elizabeth
Elizabeth B. Shirley

Partner
Burr & Forman

Ms. Shirley's practice includes commercial litigation, franchise litigation, intellectual property, governmental...  |  Read More

Snow, Ed
Ed Snow

Partner
Burr & Forman

Mr. Snow practices in the firm's Lending practice group. He represents banks, finance companies, funds and...  |  Read More

Other Formats
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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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