Electronic Contracts and E-Signatures: Complying With ESIGN and the UETA, Interplay With the UCC
Recent Developments, Remote Notarization, Lending E-Notes, and UCC Revisions for Emerging Technologies
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Commercial Law
- event Date
Wednesday, June 14, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will examine recent legal trends and developments regarding e-signatures and electronic contracts, as well as digital assets, with the panel focusing on the lessons learned from use of e-signatures and electronic contracts during the COVID pandemic, current trends with regard to e-signatures and electronic contracts, emerging developments that we might expect when the 2022 UCC Amendments gain wide implementation and recent case law on e-signatures.
The panel will also 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.
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.
Ms. Shirley's practice includes commercial litigation, franchise litigation, intellectual property, governmental investigations and enforcement; civil rights and family law. She represents both plaintiffs and defendants in a broad array of business and personal disputes. Ms. Shirley has represented companies, including healthcare entities, private equity firms, automotive dealerships and manufacturers, investment banking firms, municipalities, lending institutions, accounting firms, and start-up companies.
Mr. Hatfield's practice focuses on financial services, and IP and technology. He co-authored the 6-Point Framework for assessing risk in electronic signature and e-contracting processes. He has handled a wide range of IT, outsourcing, acquisition and joint venture arrangements in the global financial services industry. Mr. Hatfield has helped many clients design and implement effective electronic signature and electronic delivery processes in compliance with ESIGN, UETA and admissibility standards under various rules of evidence.
E-signatures and electronic contracts are now commonplace 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, as the same is being amended by the 2022 UCC amendments.
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.
- Electronic contracts and e-signatures: what are they?
- Implications of ESIGN, UETA, UCC for electronic contracts, including for electronic promissory notes and electronic negotiable instruments
- Revisions to the UCC for emerging technologies—the 2022 UCC amendments
- Provisions and practices to ensure the validity of electronic contracts and e-signatures
- Enforceability, authentication, and admissibility challenges with electronic contracts and e-signatures
- Relevant case law and regulatory developments
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 changes will the 2022 UCC amendments bring?
- What enforceability, authentication, and admissibility challenges do counsel face in litigation involving e-signatures and electronic contracts?
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