Don’t risk having an electronic signature be unenforceable.
Many attorneys believe that the use of electronic signatures is simply a click away. However, litigation has often proven that the electronic signature used in a website or mobile app was legally insufficient because of avoidable errors or improper web design.
This topic will help you understand the fundamentals of creating, authenticating, and enforcing electronic signatures. Key topics include an overview of minimum legal requirements under the Federal ESIGN Act and state versions of the Uniform Electronic Transactions Act. The presentation will explain the importance of authenticating the person making the signature. It will also review the importance of a website or mobile app signature process flow. Failing to have a proper online process or employing insufficient authentication methods are the most common errors companies make when developing electronic signature processes. It has often led to online contracts being held unenforceable in court. This information is critical for attorneys who advise online businesses so they can ensure that websites and mobile apps employ online signature processes that are enforceable.
Agenda
- Electronic Signatures vs. Electronic Records
- Legal Requirements for Binding Electronic Signatures (Key Focus: Signing Amendments and Updates)
- AI Contracting Implications
- Common Mistakes Resulting in Unenforceability
- Authentication: Proving Who Really Signed
- Authentication vs. Identification
- Rules of Evidence
- Recordkeeping
- Survey of Case Law From 2022
Speakers
Dino Tsibouris,
Tsibouris & Associates, LLC- Founding member of Tsibouris & Associates, LLC in Columbus Ohio
- Previously worked for Ford Motor Credit, Bank One Corporation (now JPMChase)
- Practice emphasizes all aspects of privacy and electronic commerce
- Conducts regular seminars and workshops on the issues of electronic commerce and privacy with a focus on financial services
- Ohio State Bar Association, IAPP
- J.D. degree, cum laude, law review, moot court, Capital University; B.A. degree in business administration, Cedarville University
- Can be contacted at dino@tsibouris.com or 614-721-2584
Who Should Attend
This program is primarily designed for attorneys. Other legal professionals may also benefit from attending.
