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E-Signature, E-Contract, and Remote Notarization: Regulatory Developments and Recent Enforceability Decisions

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, August 6, 2024

Recorded event now available

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This CLE course will review recent state and federal updates regarding the use of e-signatures, e-contracts, and remote notarization. The panel will discuss the expansion of e-contracts in previously restricted industries and recent decisions about the enforceability of e-contracts in general and particular provisions, including mandatory arbitration clauses.

Description

In the current legal environment, both consumers and companies expect to transact business digitally. To remain competitive, companies are escalating digital business operations.

Several states have passed legislation expanding the definitions of digital identities and the scope of electronic signatures and records. States are loosening restrictions on notices and consents sent electronically and increasing electronic communications. Remote online notarization is currently allowed in 44 states, and state laws have eased requirements for a notarial witness and the use of remote notarization.

Federal agencies and state laws have expanded the use of electronic signatures and records. Several states have adopted the Model Money Transmission Modernization Act in whole or in part. The Federal Communications Commission adopted new TCPA rules for lead-generated communications. Federal and state case law has begun to address the regulatory changes in this evolving environment.

Listen as our authoritative panel discusses the current status of e-signatures, e-contracts, and remote notarizations. The panel will review the changes in legislation and case law in this area.

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Outline

  1. State updates
    1. Electronic signatures
    2. Model Money Transmission Modernization Act adoption
    3. UCC Article 12 adoption
    4. Remote online notarization
  2. Federal updates
    1. IRS extension of authorization of e-signature use
    2. CFPB's proposed federal oversight of payment app providers
    3. FCC new rule on TCPA consent
  3. Case law updates
    1. Federal
    2. State

Benefits

The panel will review these and other key issues:

  • What are the most recent state legislative changes surrounding electronic contracts and e-signatures?
  • What are the recent notable federal regulatory developments regarding e-contracts and e-signatures?
  • What enforceability, authentication, and admissibility challenges do counsel face in litigation involving e-signatures and electronic contracts?
  • What do recent court decisions advise on the enforceability of e-contracts and specific provisions?

Faculty

Berlin, Matthew
Matthew Berlin
Partner, AI, Metaverse & Blockchain Industry Group Co-Leader
ArentFox Schiff

Mr. Berlin counsels clients of all sizes in a broad range of U.S. and international corporate and complex commercial...  |  Read More

Capurso, Christopher
Christopher J. Capurso
Associate
Troutman Pepper Hamilton Sanders

Mr. Capurso’s practice focuses on consumer financial services law, primarily on federal and state law compliance...  |  Read More

Gorby, Michael
Michael J. Gorby
Founder/Partner
Gorby Peters & Associates

Mr. Gorby has tried hundreds of cases and handled thousands of matters for corporations and individuals across the...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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