Utilizing eSignatures: No Pen and Paper Required
1 hour 30 minutes
Learn how to design an e-contracting process that addresses and minimizes risk.
This topic is intended to explain to you how a reasonably well designed e-contracting process can be less risky than a traditional paper and ink process. This material will include the basics for designing and implementing a common e-contracting process in every U.S. jurisdiction; e-delivery of consumer disclosures; effective use of voice signatures; a 6-point risk assessment framework, assessing authentication, repudiation, admissibility and compliance risks; steps to enhance admissibility and enforceability of e-documents, or if you prefer, mistakes to avoid in e-contract design; interplay between and among UETA (state laws), ESIGN Act (federal law) and other e-posting statutes (yet, more state laws); negotiable promissory notes signed using e-notes and e-signatures; and e-chattel paper under UCC Article 9, what is it and should I care?
• You will be able to identify the six primary risks associated with an e-contracting process.
• You will be able to recognize when a proponent of an e-contracting process is credible or not based on what is and is not addressed in the pitch and answers to basic questions.
• You will be able to explain how to go about designing an e-contracting process that addresses and minimizes risk.
• You will be able to review a proposed e-contracting process to identify risks that may need to be mitigated further.