The Legal Challenges in e-Signatures: Key Pointers to Identify Validity
The adoption of electronic signature is on the rise among businesses companies across all industries. This is largely driven by the expectation of partners, consumers, and employees for suitable and effective service. E-signatures speed up business transactions through paperless contracts. However, amidst these benefits, concerns regarding legal requirements and implications of e-signatures still emerge.
Though documents with e-signatures may contain more evidence that a certain person or entity signed a document than the traditional pen-and-ink contract, mistrust of e-signatures still exists. Companies should, therefore, better understand how to implement security procedures to ensure the validity of their e-signed documents in a court of law.
In this two-hour LIVE Webcast, a panel of skilled professionals assembled by The Knowledge Group will provide the audience with an overview of the Legal Challenges in Identifying E-signature Validity. Speakers will also offer their insights on the latest trends and best practices on the adoption, use, and verification of E-Signatures.
Key topics include:
- Overview of Electronic Signature Law
- E-Signatures--What Are They?
- The Continuing Applicability of Pre-Electronic Signature Law Legal Principles
- Post-Electronic Signature Law Notable Cases
- Security Procedures and Verification Issues
- Best Practices
- The Future of Digital Closings
Ed Snow, Partner
Burr & Forman LLP
Timothy W. Bratcher, Shareholder
Greenberg Traurig, LLP
Art Gambill, Partner
- Intro to ESIGN and UETA [Ed Snow]
- Electronic Signatures--What Are They? [Timothy Bratcher]
- Pre-Electronic Signature Law--Validity and Verification [Art Gambill]
- Incumbency Certificates
- Issues Raised by Signature Stamps and Signature Machines
- Relevant case law
- Dual Closings via Emailed PDFs and Overnight Originals
- Electronic Signature Law--Provisions and Practices for Validity and Verification [Ed Snow]
- UETA security procedures
- Training wheels (such as inked document signed by all loan parties that incorporates by reference all electronically-signed loan docs)
- Revisions to incumbency certificates and resolutions to reflect electronic signatures
- Electronic Signature Law--Third Party Documents and Evidentiary Considerations for Validity and Verification [Timothy Bratcher]
- Digital signature company certificates/affidavits
- Proffering digital signatures into evidence
- Relevant e-Signature Case Law Update [Art Gambill]
Who Should Attend:
- Technology Attorneys
- Data Privacy and Security Attorneys
- E-Signature Providers
- IT Officers
- Chief Information Officers
- Chief Security Officers
- Chief Technology Officers
- Other Related/Interested Professionals and Organizations
Ed Snow is a partner in the commercial lending group at Burr & Forman LLP and is a member of the firm's executive committee.
Ed has practiced law since 1988 and is admitted to practice in Georgia, Maryland and Tennessee. He represents banks, finance companies, funds and borrowers in the middle and large corporate markets and his clients include: Wells Fargo Bank, JPMorgan Chase Bank, BB&T, Regions Bank, Atlantic Capital Bank, Synovus Bank, First Citizens Bank, Chatham Capital and MidCap Financial Services, among others.
Ed has extensive experience with the following kinds of lending/borrowing transactions: 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.
Ed Snow is a former adjunct professor of contracts and contract drafting at Emory Law School. He frequently writes and speaks on lending and other legal topics and has lectured for the National Business Institute, Lorman Education Services, and the Institute of Continuing Legal Education in Georgia, as well as the Emory University Law and Religion Program and other organizations.
Ed Snow is a partner in the commercial lending group at Burr & Forman LLP and is a member of …
Tim has twenty years of experience representing banks and other credit providers in structuring, negotiating and closing most forms of credit arrangements on both syndicated and single-lender platforms, including traditional asset-based lending, secured and unsecured cash flow transactions, and receivables financings (including recourse and non-recourse factoring, invoice discounting, and true-sale transactions). Many of these transactions involve acquisitions, second lien, mezzanine, and secured and unsecured subordinated debt, multicurrency, and cross-border components. Tim is experienced in many industries, including the manufacturing, technology, wholesale and distribution, transportation, food service, and energy sectors. He has also represented public and private companies as borrowers and has experience in equipment leasing, export-import financings, letter of credit facilities, loan participations and lender finance. Tim has been included in Chambers Partners USA since 2012.
Tim has twenty years of experience representing banks and other credit providers in structuring, negotiating and closing most forms of …
Art represents major financial institutions in loan transactions to the healthcare and life science industries, including asset-based lending and cash-flow lending. He has extensive experience in second-lien and mezzanine financing; real estate financing; acquisition financing; debtor-in-possession financing and post-confirmation financing; equity enhancements of debt financings; and negotiation of complex intercreditor and debt subordination relationships.
Art has particular experience in financing and acquisition transactions for skilled nursing facilities (both operators and owners), physician groups, long-term acute care hospitals, early-stage life science companies, pharmaceutical manufacturers and distributers, and hospital and other provider organizations.
Art is active in bar organizations relative to the Uniform Commercial Code. He currently serves as chair of the UCC Committee of the Business Law Section of the State Bar of Georgia. Art also serves on the board of directors of the Georgia Association of Latino Elected Officials (GALEO).
Art represents major financial institutions in loan transactions to the healthcare and life science industries, including asset-based lending and cash-flow …
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About Burr & Forman LLP
Burr & Forman LLP is southeastern, full-service law firm with a forward thinking approach to providing legal solutions. The firm has nearly 300 attorneys and offices in Alabama, Florida, Georgia, Mississippi and Tennessee. The firm offers a wide range of business and litigation services to diverse clients with local, national and international interests, focusing in particular on the financial institutions, manufacturing and healthcare segments of the economy.
About Greenberg Traurig, LLP
Greenberg Traurig, LLP is an international, multi-practice law firm with approximately 1,900 attorneys serving clients from 38 offices in the United States, Latin America, Europe, Asia, and the Middle East. The firm is No. 1 on the 2015 Law360 Most Charitable Firms list, third largest in the U.S. on the 2015 Law360 400, Top 20 on the 2015 Am Law Global 100, and among the 2015 BTI Brand Elite. More information at: www.gtlaw.com.
About McGuireWoods LLP
McGuireWoods has more than 1000 lawyers in 23 offices, and our lawyers and staff speak 44 languages. We cross borders, practices and industries in the U.S., UK, Belgium and around the world, collaborating with colleagues and managing resources in 128 countries. We serve public, private, government and nonprofit clients. For more than a decade, McGuireWoods has been named a BTI Consulting “Client-Service A-Team,” a distinction maintained by few other U.S. firms. In 2016, the firm ranked for the tenth time among BTI’s “Client Service 30” list of law firms serving Fortune 1000 companies.