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  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Banking and Finance
  • schedule 90 minutes

E-Signatures and Electronic Documents in Commercial Lending: Complying With ESIGN, UETA, Interplay With the UCC

Navigating Issues of Enforceability, Authentication of E-Signatures, and Admissibility

$347.00

This course is $0 with these passes:

CLE
ALL
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Description

Emails, text messages, pdfs, 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, contract law, and the UCC. Counsel must navigate the effect of these laws on borrower contracts, 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 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.

Presented By

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.

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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.

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Credit Information

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


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, February 26, 2025

  • schedule

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

  1. Introduction to ESIGN, UETA, and the formation of electronic contracts and e-signatures
  2. Remote closings: lessons learned over the last several years
  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

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?