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- videocam Live Webinar with Live Q&A
- calendar_month August 27, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Commercial Law
- schedule 90 minutes
Electronic Contracts, E-Signatures, and Remote Notarization: Enforceability, Online Assent, and Digital Transaction Risk
Welcome to BARBRI, the trusted global leader in legal education. Continue to access the same expert-led Strafford CLE and CPE webinars you know and value. Plus, explore professional skills courses and more.
About the Course
Introduction
This CLE webinar will examine the current legal status of electronic contracts, e-signatures, online assent, and remote online notarization. Our experienced panel will discuss enforceability, case law, and best practices in designing and documenting e-contracts that can withstand legal challenges.
Description
Companies now regularly engage in contracts using electronic platforms, including websites and mobile apps. Disputes continue to increase over online term enforceability and manifested user assent to the terms in the agreements. Courts and regulators continue to examine these online contracting practices for how they are presented, accepted, and documented.
Key risks in electronic contracting include arbitration clause enforceability, notice adequacy, and consent sufficiency. Additionally, counsel must oversee and understand the design and implementation of clickwrap and other online assent mechanisms; the proper management of resulting electronic records, including audit trails, timestamps, and identity verification; and TCPA consent requirements and revocation issues. Remote online notarization has grown to be used widely, but requirements still vary by state concerning identity proof, recording, and acceptance between states, further complicating the legal landscape.
Listen as our authoritative panel discusses the enforceability of electronic contracts and e-signatures, reviews recent legal developments, and provides practical guidance for designing, implementing, and defending digital contracting processes.
Presented By
Mr. Berlin counsels clients of all sizes in a broad range of U.S. and international corporate and complex commercial matters, including mergers and acquisitions, strategic initiatives, joint ventures, technology transactions, and venture capital financing. He routinely assists clients with the negotiation of commercial agreements, including outsourcing, consulting, distribution, reseller, and related arrangements as well as launching new software and SaaS solutions.
Mr. Capurso’s practice focuses on federal and state consumer financial services law, with a particular focus on counseling clients in the automotive retail and auto finance industries. He regularly advises financial institutions, lenders, and sales finance companies in the development and maintenance of automobile finance, closed-end and open-end lending, fintech, point-of-sale, solar finance, small dollar, and other credit programs. Mr. Capurso also provides compliance advice on consumer reporting, tenant screening and background screening under the Fair Credit Reporting Act (FCRA) and state law. He regularly provides guidance on federal consumer protection laws and regulations in addition to the FCRA, including the Truth in Lending Act (TILA), the Equal Credit Opportunity Act (ECOA), the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), and the Electronic Signatures in Global and National Commerce Act (E-SIGN). Chris also regularly counsels clients on compliance with state licensing requirements. Mr. Capurso is the co-host of Moving the Metal: The Auto Finance Podcast where they discuss all things related to the auto finance industry.
Mr. Gorby has tried hundreds of cases and handled thousands of matters for corporations and individuals across the United States throughout his three- decade legal career. His practice focuses on Insurance Coverage Disputes, Commercial Litigation and Liability for Owners and Managers of Property. Mr. Gorby is also a certified mediator. Mr. Gorby chaired the Premises Liability Seminar for the Institute of Continuing Legal Education of Georgia (now a Division of the Georgia State Bar) for over twenty years. He is a frequent speaker for state and national legal education programs including ICLE, the National Business Institute and the Georgia Tech Procurement Assistance Center (GTPAC), which helps businesses identify, compete for, and win government contracts. Mr. Gorby is the author of Premises Liability in Georgia, which was originally published by Thomson-Reuters® in 1998 and which is now in its Second Edition.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Thursday, August 27, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. E-Signature and electronic contract framework
A. ESIGN and UETA requirements
B. Consent to transact electronically
C. Electronic records and retention
II. Online contract formation and assent
A. Clickwrap, browsewrap, and sign-in-wrap agreements
B. Notice and manifestation of assent
C. Website and mobile contracting design considerations
D. Arbitration clauses and key contractual provisions
III. Litigation preparedness
A. Authentication of electronic signatures
B. Audit trails, timestamps, and logs
C. Admissibility of electronic records
D. Common challenges and defenses
IV. Federal and state regulations
A. TCPA consent and revocation requirements
B. State variations under UETA
C. UCC Article 12 and electronic records
V. Remote online notarization
A. Current legal landscape
B. Identity proofing and credential analysis
C. Recording and journal requirements
D. Interstate recognition and practical challenges
The panel will review these and other key issues:
- Factors courts consider for online assent
- Structuring online contracting processes to improve the enforceability of key provisions
- Authentication and evidentiary requirements to enforce e-signatures and electronic contracts
- Record management: What documentation should be maintained to support enforceability?
- UCC Article 12 implications for electronic records
- Remote online notarization: Risk across a varying legal landscape
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Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
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