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Why ESIGN is Not Enough to Keep You Out of Court

Today, closing business quickly and efficiently is about getting the signature – without using paper – but eSign is not enough for full legal protection.

Clearly, electronic signatures and transactions are the way forward. But if you think all e-signature solutions provide the same level of enforceability in the event of a contract dispute, think again. The federal ESIGN and state UETA laws gave electronic signatures the same legal weight as their paper counterparts but these laws do not give e-signatures any special status. It is the strength – or weakness – of your electronic evidence that determines your exposure to legal and compliance risk.

To help enforce your e-signed contracts, this complementary report presents the recommendations of three legal experts: Pat Hatfield and Greg Casamento, partners at Locke Lord LLP, and Frank Zacherl, litigator and partner at Shutts & Bowen LLP. This report covers:

  • Electronic evidence components
  • Best practices for capturing digital audit trails
  • How to use evidence to avoid going to court
  • Lessons learned from e-signature court cases
  • Legal requirements checklist for electronic signatures

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