BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Banking and Finance

Date & Time
  • event Date

    Monday, January 22, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will provide counsel with an examination of recent legal trends and developments impacting commercial documentation created online (including clickwrap, browsewrap, and the like) and signatures sent via email, text messaging, or other forms of electronic communication, focusing on loan documentation. The panel will examine the legal and practical issues regarding the creation of agreements online and the authentication of electronic signatures and the admissibility of electronic communications and e-signatures in litigation, including the Electronic Signatures in Global and National Commerce (ESIGN) Act, Uniform Electronic Transactions Act (UETA), and UCC implications.

Faculty

Edwin E. Smith
Partner
Morgan, Lewis & Bockius LLP

Mr. Smith concentrates his practice in commercial law, debt financings, structured financings, workouts, bankruptcies, and international transactions. He is particularly knowledgeable on commercial law and insolvency matters, both domestic and cross-border. His representations have included those in major bankruptcies including Lehman and the City of Detroit. Mr. Smith often advises financial institutions on documentation and risk management issues.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Steven O. Weise
Partner
Proskauer Rose LLP

Mr. Weise practices in all areas of commercial law and has extensive experience in financing, especially in those secured by personal property, including structured financing. He is regarded as one of the foremost authorities on Article 9 of the UCC. He is a member of the Permanent Editorial Board for the UCC and a member of the American Law Institute’s UCC Article 9 Drafting Committee. Mr. Weise is also the past chair of the American Bar Association’s Business Law Section Legal Opinions Committee.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

Emails, text messages, and online agreements, now standard forms of business communication and contract formation, are frequently the means through which counsel outline, negotiate, and revise the terms and conditions of business deals. Electronic signatures and electronic documents are prevalent in commercial lending.

The ESIGN Act and UETA provide the basic framework for the enforceability of "signatures" on electronic records. Like paper documents, electronic documents must comply with applicable state laws and the UCC. Counsel must navigate the impact of these laws on borrower promissory notes, loan agreements, security agreements, and guaranties.

If litigation ensues surrounding electronic loan documents, counsel must be prepared to address issues related to enforceability, authentication, and admissibility of electronic communications and e-signatures.

Listen as our authoritative panel discusses recent trends in electronic loan documentation and e-signatures that involve commercial loan documentation and case law developments impacting commercial finance agreements via email, text messaging, or other forms of electronic communication. The program will examine legal and practical issues regarding the authentication of electronic signatures and the admissibility of electronic communications and e-signatures in litigation.

Outline

  1. Introduction to ESIGN, UETA, and the formation of electronic contracts and e-signatures
  2. Remote closings: lessons learned during and since the pandemic
  3. The 2022 amendments to the UCC relating to electronic contracts and e-signatures
  4. Provisions and practices to ensure the validity of electronic contracts and e-signatures
  5. Attribution, authentication, and admissibility protections for electronic contracts and e-signatures
  6. Relevant electronic contract and e-signature case law update

Benefits

The panel will review these and other relevant issues:

  • What are the legal issues surrounding the formation of electronic contracts and e-signatures?
  • What is the interplay between ESIGN and UETA and the UCC, and how does this impact various agreements that are part of a typical loan package?
  • How have the 2022 amendments to the UCC impacted electronic contracts and e-signatures?
  • What enforceability, authentication, and admissibility challenges do counsel face in litigation involving electronic loan documents and e-signatures?