Using Electronic Contracts and E-Signatures for Remote Transactions

Recent Developments Including Remote Notarization, PPP Lending E-Notes, and Possible UCC Revisions for Emerging Technologies

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


Conducted on Tuesday, June 9, 2020

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, with the panel focusing in part on the use of e-signatures and electronic contracts during COVID-19 business interruptions, governors’ remote notarization executive orders, a status update on the ambitious efforts of the Uniform Law Commission and the American Law Institute to reconfigure the UCC for emerging digital technologies, and recent case law on e-signatures.

The panel will review and discuss the nuts and bolts of the typical, yet 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

As highlighted by remote business adaptation during the COVID-19 outbreak, e-signatures and electronic contracts are now front and center in conducting and closing commercial transactions. More than ever, counsel needs to be conversant with these tools to navigate and close deals.

The ESIGN Act and the UETA provide the basic framework for the enforceability of electronic records and e-signatures. Like paper documents, electronic documents must comply with 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 and 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 impacting 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 (including potential revisions to the UCC for emerging technologies)
  3. COVID-19 business interruption developments resulting in emergency remote notarization governors’ orders and closing PPP loans electronically
  4. Provisions and practices to ensure the validity of electronic contracts and e-signatures
  5. Enforceability, authentication, and admissibility challenges with electronic contracts and e-signatures
  6. Relevant case law and regulatory developments

Benefits

The panel will review these and other key issues:

  • What are the most recent 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?
  • What enforceability, authentication, and admissibility challenges do counsel face in litigation involving e-signatures and electronic contracts?

Faculty

Hatfield, Patrick
Patrick J. Hatfield

Partner
Locke Lord

Mr. Hatfield's practice focuses on financial services, and IP and technology. He co-authored the 6-Point...  |  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

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