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The introduction of technology into the business world has created the opportunity to engage in E-Commerce, which is defined as the trading in products or services using computer networks. Along with advent of E-Commerce is the increasing use of “E-Signatures” to engage in negotiations and memorialize the terms of various business transactions.
E-Signatures have been governed by state and federal laws for the past 15 years, and the purpose of these laws is to make transactions in the electronic marketplace as enforceable as transactions memorialized on paper. However, E-Signatures are not limited to digitalized signatures, but include “electronic sounds, symbols or processes that relate to an agreement and have been executed with the intent to sign that agreement.” Despite the broad definition of E-Signatures under federal and state law, some courts throughout the United States have concluded that E-Signatures may not be enforceable under some circumstances.
But what exactly qualifies as an E-Signature? And how must an E-Signature be used to create an enforceable contract? Fortunately, there are “best practices” that a business can implement to govern the use of E-Signatures and mitigate the risk that such signatures may be held invalid under some circumstances. Join David L. Simmons of Drewy Simmons Vornehm, LLP, for a one hour presentation that will address these questions and more!
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