Keep pace with the current speed of business and effectively use electronic contracting or find yourself trailing behind.
Over the past 25 years, businesses worldwide have shifted to doing much of their business electronically through email and other electronic systems. Many jurisdictions, including the U.S. federal government, and most U.S. states, have enacted legislation that recognized, and even encouraged that shift. Some of these statutes have now been in place for 20 or more years. The realities of COVID-19, especially remote work, have only reinforced the importance of completing transactions electronically rather than in person or through printed paper contracts and ink signatures. This course revisits the legal underpinnings for electronic transactions. The program will examine the basic legal principles that validate the use of electronic records and signatures in commercial transactions, and how they apply in practice. This topic also examines practical issues, such as the ease with which contracts can be formed electronically, including over email, and the role of specialized software. This information will provide the basic legal principles governing electronic contracting, as well as practical advice for those conducting business electronically.
Learning Objectives
- You will be able to describe the basic legal principles that govern electronic contracting.
- You will be able to discuss the electronic record retention requirements.
- You will be able to explain how contracts can be formed electronically.
- You will be able to recognize when parties have formed an agreement electronically.
Agenda
The Law Governing Electronic Contracting
- The Electronic Signatures in Global and National Commerce Act (E-Sign) and the Uniform Electronic Transactions Act.
- Digital Signature Statutes.
- International Considerations.
General Legal Principles Governing Electronic Transactions. (45 Minutes)
- Consent to Conduct Business Electronically.
- Validation of Electronic Records and Electronic Signatures.
- Other Features of Electronic Contracting and Digital Signature Statutes.
Practical Considerations When Doing Business Electronically. (45 Minutes)
- Ease of Contract Formation by Email or Other Digital Platforms.
- Potential Benefits of Software Tools
- Other Practical Considerations
Speakers
Christopher Tompkins,
Jenner & Block LLP- Partner in Jenner & Block LLP’s Chicago office where he practices commercial litigation
- Extensive experience assisting clients resolve disputes involving a variety of subject matters and venues, including the sale of goods under the Uniform Commercial Code (UCC)
- Has assisted clients with an array of matters including the failure to supply, early termination, pricing, product quality and breach of warranty, and supplier bankruptcies
- Counseled several major corporate clients regarding best contracting practices under the UCC, including review and revision of contracting procedures and standard contract forms
- His clients span an array of industries including steel and mining, food and beverage, consumer packaged goods, automotive and heavy manufacturing, electric utilities, chemical companies, and equipment lessors
- Has written and spoken extensively about these areas, including articles on breach of warranty and electronic contracting
- Member of the Chicago and American Bar Associations and the international Bar Association
- J.D. degree, magna cum laude, Loyola University Chicago School of Law; B.A. degree in economics and politics, cum laude, Catholic University of America
- Can be contacted at 312-840-8686, ctompkins@jenner.com, or www.linkedin.com/in/christopherptompkins
Who Should Attend
This live webinar is designed for attorneys, purchasing managers, material managers, contract administrators, senior buyers, project directors, controllers, and accountants.
