BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Commercial Law

Date & Time
  • event Date

    Tuesday, August 6, 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.

$297.00
CLE
ALL

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.

Faculty

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

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.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Matthew Berlin
Partner, AI, Metaverse & Blockchain Industry Group Co-Leader
ArentFox Schiff LLP

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.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Christopher J. Capurso
Associate
Troutman Pepper Hamilton Sanders LLP

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.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

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.

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?