Earlier this summer, the U.S. District Court for the District of Maryland denied a defendant’s motion for summary judgment in a case arising under the Telephone Consumer Protection Act (TCPA), finding that the defendant...more
A U.S. District Court for the District of Maryland recently denied summary judgment in a case under the Telephone Consumer Protection Act (TCPA), finding that the defendant failed to show it received prior express written...more
Mietverträge einfach, schnell und rechtssicher elektronisch abschließen? Bislang eine eher seltene Ausnahme. Wir stellen die gesetzlich vorgesehenen Möglichkeiten vor – sowohl für den Abschluss von Mietverträgen als auch für...more
Given the ever-changing landscape and increasing popularity of remote work, the use of electronic signatures (“e-signatures”) is on the rise. Business in general is going virtual, causing electronic transactions and online...more
Executive Summary: In the summer and fall of 2022, electronic transactions were undergoing a sea change, but riding different tides: in the summer, the Uniform Law Commission approved a set of amendments to the Uniform...more
How many times a day on average do you think you sign something? Do you sign your full name, your initials, a version of your name, an “X” or some other identifier? Do you “wet sign” with a pen? Do you use an “s” signature,...more
As previously blogged about here, the FCC recently proposed a rule that would turn the lead generation on its head. The proposed new rule goes quite a bit further than simply requiring wireless carriers to block texts from...more
Prior to the enactment of the temporary Emergency Video Notarization law in 2020, all notaries were required to be in the physical presence of signers—even during electronic notarization. The physical presence requirement of...more
The House Committee on Financial Services passed the Improving Disclosure for Investors Bill of 2023 on April 26, 2023 with bipartisan support. If passed by Congress and signed into law, the bill could alter the regulatory...more
In its current form, the Uniform Commercial Code (“UCC”) does little to accommodate emerging technologies such as cryptocurrencies and non-fungible tokens. In efforts to modernize and adapt the Uniform Commercial Code to...more
Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more
When Albert King sang “Born Under a Bad Sign,” he was not referring to a document containing an invalid electronic signature. Nevertheless, in a post-COVID world with large numbers of remote workers, employers can take...more
As we continue to assist Advisors during examinations conducted by the United States Securities and Exchange Commission (the “SEC”), we have noticed questions related to the Advisors’ use of electronic signatures....more
Electronic signatures or e-signatures are an increasingly essential tool in today’s technology-dependent workplace, especially for employers that are hiring remote workers. While state and federal law generally...more
As a transactional lawyer, I’ve always found a special delight when the occasion arises to use one of my favorite sayings: “The pen is mightier than the sword.” It provides a certain level of self-importance that...more
The advent of new technology brings along with it the murkiness of how the American legal system will treat such technology. Before the rise of blockchain for instance, businesses were uncertain how courts would treat...more
Illinois has passed Senate Bill 2176 which is effective as of June 25,2021, repeals the state’s former non-UETA “Electronic Commerce Security Act”, and includes the Uniform Electronic Transactions Act (UETA), making Illinois...more
A recent California Court of Appeal decision (Bannister v. Marinidence OPCO, LLC) provides employers with important guidance about using electronic signatures to confirm acceptance of arbitration agreements with employees....more
With government-mandated stay-at-home orders and many people still working remotely, original wet-ink signatures on legal documents have become inconvenient and difficult to obtain. Electronic signatures are not a new...more
The COVID-19 pandemic rocked businesses with its required social distancing protocols and work from home mandates. However, one silver lining to the unforeseen chaos generated by the pandemic is the benefit of being able to...more
Even before Covid-19, electronic signatures (e-signatures for short) were revolutionizing the way agreements were being executed and stored. Covid-19 has not only accelerated this trend, but also highlighted the importance of...more
E-Signatures and Remote Online Notarization: The Uniform Electronic Transactions Act (“UETA”) proposed by the Uniform Law Commission (“ULC”) in 1999 presented ways for states to effectuate electronic signatures with the...more
In 2020, the financial services industry and regulators adjusted to new norms of social distancing, electronic document delivery, and electronic transactions. Regulators are recognizing the gap between advancements in...more
In April 2020, Fenwick & West, together with two other leading Silicon Valley-based law firms, submitted a formal rule-making petition to the U.S. Securities and Exchange Commission (SEC) requesting that the SEC adopt new...more
Yesterday, in recognition of the widespread use of electronic signatures, the SEC adopted rules and amendments to permit the use of electronic signatures in signature “authentication documents” required under Reg S-T in...more