News & Analysis as of

E-Signatures

Electric boogaloo: FDA releases sequel to 2003 guidance on use of electronic records and electronic signatures in clinical...

by Hogan Lovells on

On 21 June 2017, FDA announced the availability of a new draft guidance titled "Use of Electronic Records and Electronic Signatures in Clinical Investigations Under Part 11 — Questions and Answers." The draft guidance is...more

Trust No One - Lunchtime Deals Should End in Intention, Not Retention

by Burr & Forman on

What You Can Learn about Vendor Management from the DocuSign Breach While some industries may get away with the “trust but verify” model, heavily regulated industries such as financial services have no such luxury. Trust...more

DocuSign Breach Leads to Email Malware Campaign Requesting Wire Transfers

Electronic signature technology company DocuSign has admitted that it suffered a breach of one of its computer systems resulting in stolen data including customer and user email addresses. The breach has allowed the hackers...more

Watch What You Click (Again!): DocuSign Confirms Data Breach Incident

by Selman Breitman LLP on

Well-known and very popular digital signature service DocuSign acknowledged a data breach incident in which a large number of customer email addresses were stolen. The company announced on its website that the data stolen was...more

NASAA adopts statement of policy to usher in e-delivery and e-signature for non-traded offerings

by DLA Piper on

Under an initiative approved last week by the membership of the North American Securities Administrators Association (NASAA), sponsors, issuers, broker-dealers and others involved in the offer and sale of shares of non-traded...more

Yesterday, #WannaCry. Today, #DocuSignPhish

Another day, another data incident. If you use DocuSign, you’ll want to pay attention. The provider of e-signature technology has acknowledged a data breach incident in which an unauthorized third party gained access to...more

Electronic Signature Pads: I Didn’t See Those Terms

by BakerHostetler on

Although we healthcare lawyers generally view ourselves as a pretty healthy lot, there are times when we are patients too. In a recent experience I was asked by a provider’s employee to sign several registration and privacy...more

New York Codifies Definition of Consummation Facilitating TRID Compliance

by Ballard Spahr LLP on

The New York Senate has approved Bill 982, which amends state law to expressly allow for execution of a mortgage loan by electronic signature. In connection with this amendment, the term “consummation of a mortgage loan” also...more

Arizona Authorizes Smart Contracts on a Blockchain

by Snell & Wilmer on

Last week, Arizona Governor Doug Ducey signed into law HB 2417 that amends Arizona law to provide that signatures secured through blockchain are valid electronic signatures and that smart contracts are legal, enforceable...more

Electronic signatures: are we getting there?

by Locke Lord LLP on

Despite the availability of a wide variety of technology solutions which allow parties to use electronic signatures with a level of certainty comparable to that of using handwritten signatures, and the existence of a legal...more

Puerto Rico Issues Comprehensive Labor Law Reform

by FordHarrison on

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Using Electronic Signatures

Over the last decade, electronic signatures have become ubiquitous. As a society, we have become accustomed to the ease and convenience of clicking the “I Accept” button when a cell phone company updates its terms and...more

Mercury signing – guidance on the execution of documents

by Reed Smith on

Following the decision in the Mercury Case, a practice of ‘virtual signings and closings’ has developed to avoid the logistical problems in getting a document signed. This guidance provides a non-exhaustive range of options...more

Court Affirms Electronic Notes are Enforceable in Florida

Recently, the District Court of Appeal for the Fourth District of Florida affirmed that electronic signatures are enforceable against a borrower in a foreclosure action. On April 1, 2008, two borrowers executed an electronic...more

TechConnect - Your Law Firm Link to Industry News - July 2016

by Mintz Levin on

Letter from the Editors - Dear Readers, One of the interesting facts that we have learned over the years is that there appears to be a correlation between the NASDAQ public market (which is heavily weighted with...more

Electronic Signature Regulation Now Effective

by Reed Smith on

Tasked with harmonising the disparate member state legislation that implemented the eSignatures Directive (Directive 1999/93/EC), Regulation (EU) N°910/2014 (the “eIDAS” Regulation) became effective 1 July this year. The...more

Enforceability of Electronic Agreements in Real Estate Transactions

by Arnall Golden Gregory LLP on

Increasingly, and not surprisingly, more and more transactions are being created, negotiated, finalized and executed electronically. From a real estate perspective, virtually all documents other than those that are being...more

Beware: Sending A Text Message Can Be Just as Binding as Signing a Document By Hand!

by Burns & Levinson LLP on

We have all heard stories about the dangers of social media, whether it be an inappropriate tweet, a regrettable Facebook posting or a misdirected “sexting.” The decision issued by the Massachusetts Land Court in St. John’s...more

The California Edition of the Employment & Labor Newsletter

by Wilson Elser on

Employers Should Ensure Their Policies Comply with the Recent Amendments to the California Fair Employment and Housing Act - An overview of the Amendments to the California Fair Employment and Housing Act, including...more

UK Financial Regulatory Developments - June 2016 #1

by Dentons on

Insurance Europe reiterates PRIIPSs concerns - Insurance Europe has published a paper articulating its detailed concerns over the RTS produced by the European Supervisory Authorities in support of the Key Information...more

Foreclosure of Mortgage Securing Electronic Promissory Note Affirmed

by Carlton Fields on

Florida’s Fourth District Court of Appeal recently issued its mandate in Rivera v. Wells Fargo Bank, N.A. confirming the finality of its decision to uphold the enforcement of an electronic promissory note (“e-note”) in a...more

NASAA Requests Comments on Proposed Policy Allowing Use of Electronic Offering Documents and Electronic Signatures

On May 2, 2016 the North American Securities Administrators Association (NASAA) issued a release requesting public comments on a proposed Statement of Policy (SOP) that would allow issuers and its selling agents to use...more

California Appeals Court Provides Guidance on the Use of Electronic Signatures by Employees

In many companies, new employees sign key documents and policies—including arbitration agreements—with the use of electronic signatures. There has been a growing trend in litigation brought by former employees to challenge...more

Labor & Employment E-Note - January 2016

by Burr & Forman on

The National Labor Relations Board ("the Board") had quite an eventful year in 2015. This article reviews how, in rapid succession, the Board broke decades-old precedent in five different ways, and explores three more...more

Burr Alert: The Board is Going to do What? A Look at the National Labor Relations Board: Could 2016 Bring Even More Change?

by Burr & Forman on

The National Labor Relations Board ("the Board") had quite an eventful year in 2015. Just think, the Board has recently broken decades-old precedent in five different ways: 1) On December 11, 2014, the Board decided...more

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