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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 consumer financial services law, primarily on federal and state law compliance matters. He regularly advises financial institutions, lenders, and sales finance companies in the development and maintenance of closed-end and open-end lending, automobile finance, fintech, point-of-sale, solar finance, small dollar, and other credit programs. Mr. Capurso regularly provides guidance on federal consumer protection laws and regulations in addition to the FCRA, including E-SIGN. He also regularly counsels clients on compliance with state licensing and other substantive laws and regulations.
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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.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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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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