News & Analysis as of

Authentication E-Signatures

Ervin Cohen & Jessup LLP

Another Blow to E-Signed Arbitration Agreements in California

Over the last decade, the use of e-signatures has become the norm for human resources departments when onboarding new employees. The advent of resources like DocuSign, Taleo, BabooHR, and others have made this process simple,...more

Troutman Pepper

California Court of Appeals Suggests Electronic Signatures Require Additional Proof for Authentication

Troutman Pepper on

On January 19, a California Court of Appeals issued a decision calling into question the evidentiary value of electronic signatures. Dicta in the opinion directly contradicts a previous ruling in Gamboa v. Northeast Community...more

Stark & Stark

To Sign or Docu-Sign, That is the Question

Stark & Stark on

​​​​​​​On November 17, 2020, the U.S. Securities and Exchange Commission (the “SEC”) adopted amendments to Rule 302(b) of Regulation S-T that permits individuals to sign the signature page or other document (“Authentication...more

Hogan Lovells

Authenticating an individual Is not enough to establish a reasonably defensible electronic transaction

Hogan Lovells on

In today’s digital world, we often desire to have people consent to documents by merely pasting an image of a signature into a document, clicking a virtual button on a web site or mobile phone, or relying upon the...more

McGlinchey Stafford

E-Signed Contracts Are Great, But How Do I Know Who Actually Signed It?

McGlinchey Stafford on

While online motor vehicle sales and financing transactions were already prevalent before COVID-19, the pandemic accelerated the growth of that sector. Before the pandemic, consumers, dealers, banks, and finance companies all...more

BCLP

Nuts and Bolts of Electronic Signatures

BCLP on

As discussed in our November 24, 2020 post, amended Rule 302 under Regulation S-T permits the use of electronic signatures on documents “authenticating” typewritten signatures that are included in a company’s filings with the...more

McGuireWoods LLP

SEC Permits Use of Electronic Signatures in EDGAR Filings

McGuireWoods LLP on

On Nov. 17, 2020, the U.S. Securities and Exchange Commission (SEC) announced the adoption of final rules amending Rule 302 of Regulation S-T to permit the use of electronic signatures, along with conforming changes to...more

BakerHostetler

New Rule Amendments Allow Electronic Signatures in SEC Filings

BakerHostetler on

On Nov. 17, the Securities and Exchange Commission (the SEC or the Commission) adopted new rules to permit the use of electronic signatures in signature authentication documents in connection with certain filings with the...more

Akin Gump Strauss Hauer & Feld LLP

SEC Votes to Adopt Rule Amendments in Order to Facilitate Electronic Submission of Documents

On November 17, 2020, the Securities and Exchange Commission (SEC) voted to adopt amendments to Regulation S-T and the Electronic Data Gathering, Analysis and Retrieval system (EDGAR) Filer Manual (EDGAR Filer Manual) to...more

Morrison & Foerster LLP

SEC Amends Rules To Permit Electronic Signatures For Filings

Morrison & Foerster LLP on

On November 17, 2020, the U.S. Securities and Exchange Commission (SEC) adopted amendments to Regulation S-T to permit to the use of electronic signatures in signature authentication documents required under Regulation S-T in...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Adopts Rules To Allow Use of Electronic Signatures

On November 17, 2020, the Securities and Exchange Commission (SEC) adopted amendments to Rule 302(b) of Regulation S-T (Rule 302(b)), which permits registrants and others to use electronic signatures in documents...more

BCLP

Good News: SEC Allows Electronic Signatures in Authentication Documents

BCLP on

The SEC recently approved amendments to Rule 302(b) of Regulation S-T, which governs the signing of “authentication documents” relating to typewritten signatures included in documents that are filed with the SEC...more

Mintz - Securities & Capital Markets...

SEC Adopts Rules to Allow the Use of Electronic Signatures

On November 17, 2020, the Securities and Exchange Commission (the “SEC”) adopted amendments to certain rules and forms under the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, and the...more

Jones Day

Japan Legal Update Vol. 53 | Autumn 2020

Jones Day on

Technology - Japan Ministries Support Expansion of E-Signature Use - On September 4, 2020, the Japanese Ministry of Internal Affairs and Communications, the Ministry of Justice, and the Ministry of Economy, Trade and...more

White & Case LLP

2019 Half-year in review: M&A legal and market developments

White & Case LLP on

We set out in the attached Newsletter a number of interesting English court decisions and market developments which have taken place in the second half of 2019 and their impact on M&A transactions. This review looks at these...more

Payne & Fears

Key California Employment Law Cases: December 2019

Payne & Fears on

This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court Rules on Whether to Compel Arbitration Where Employer Could Not Authenticate Employee’s Electronic Signature

Ruiz v. Moss Bros. Auto Group., Inc., No.E057529 (December 23, 2014): Challenges to the validity and enforcement of arbitration agreements continue to be a hotly litigated area of California wage and hour law, specifically...more

Ballard Spahr LLP

No Arbitration Where Employer Was Unable To Authenticate Employee's Electronic Signature on Arbitration Agreement

Ballard Spahr LLP on

The California Court of Appeal, Fourth District, recently affirmed an order denying a petition to compel arbitration where the employer failed to present sufficient evidence that the employee electronically signed an...more

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