News & Analysis as of

Electronic Records Electronic Communications

Kilpatrick

Legal Alert | Wiretap Laws in the United States

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Companies frequently wish to record telephone conversations related to their operations, customers, or business transactions. In response, the U.S. Congress and most state legislatures have enacted statutes and regulations...more

Foster Swift Collins & Smith

The Importance of Adopting an E-Signature Policy for Your Business

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

Sheppard Mullin Richter & Hampton LLP

The Changing Landscape of Electronic Service

For a moment in March 2020, litigation stopped abruptly when the first case of COVID-19 was confirmed in New York. Within a matter of weeks, the New York State Courts shifted to online operations and, amazingly, the...more

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

Germany’s Works Constitution Act: Important Changes to the Law Effective June 2021

The Act to Promote Works Council Elections and Works Council Activities in a Digital Working World (which is also known as the “Works Council Modernization Act” or Betriebsrätemodernisierungsgesetz) went into effect in...more

Pullman & Comley, LLC

Electronic Signatures: The New Normal Amidst Remote Work

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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

Cranfill Sumner LLP

COA Opinion on Mediated Settlement Agreements

Cranfill Sumner LLP on

On Nov. 3, 2020, the North Carolina Court of Appeals issued opinion in a case entitled Mitchell v Boswell with a rather unremarkable holding that a mediated settlement agreement reached in a Superior Court ordered mediation...more

Wilson Sonsini Goodrich & Rosati

Caution Required When Using Electronic Signatures in Patent Filings

Electronic signatures have soared in popularity as a result of social distancing measures related to COVID-19. While such signatures are generally accepted by the United States Patent and Trademark Office (USPTO), Wilson...more

Fenwick & West LLP

Using E-Signatures in Court — The Value of an Audit Trail

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From antiquity through the middle ages, the authenticity of a document’s signature was confirmed by using a signet ring pressed into a wax seal. The signet was unique to the signer, so the presence of the stamp on a document...more

BCLP

Online Commerce in the UAE – will Covid 19 lead to a step-change in business attitudes?

BCLP on

UAE Federal Law No. (1) of 2006 on Electronic Commerce was introduced to support, promote and facilitate e-commerce by enabling electronic transactions to be conducted with confidence as to their legal effectiveness. The law...more

Sullivan & Worcester

The ICC Calls on Governments to Allow for Digital Authentication and Delivery of Trade Documents, in Light of the Covid-19-Induced...

Sullivan & Worcester on

On 6 April 2020, the International Chamber of Commerce (ICC) published an urgent memorandum addressed to governments and Central Banks, urging them to take the necessary steps towards the immediate transition from mandating...more

Akin Gump Strauss Hauer & Feld LLP

COVID 19 - The Use of E-Signatures in the UAE

As governments implement stricter measures to contain the spread of COVID-19, enforceability concerns regarding electronically signed documents are gaining additional relevance. These concerns are especially present in...more

BakerHostetler

The COVID-19 Pandemic Raises the Importance of Understanding Whether and When Documents May be Signed Electronically and Witnessed...

BakerHostetler on

As millions of people are under mandatory or voluntary restrictions limiting their in-person interactions with others in order to reduce the spread of COVID-19 and are dependent more than ever on remote technology and virtual...more

King & Spalding

COVID-19 Update: Key Conclusions Regarding Electronic Signatures

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With most businesses mandating working from home, transaction closings will confront the practical challenge of execution and delivery of documents. Electronic signature of documents presents a convenient and safe...more

Gray Reed

Can an Email Exchange Bind a Real Estate Sale?

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Sometime ago Ernest “Big Daddy” Bux conveyed a pipeline easement to Nodding Donkey Pipelines for the construction, operation and maintenance of a 24-inch pipeline across his Big Bux Ranch. In an email sent before Christmas,...more

Pullman & Comley - School Law

Student E-Mails, FERPA and FOIA: What School Districts Must Disclose (and When)?

Among other things, the federal Family Educational Rights and Privacy Act (“FERPA”) grants parents access to educational and related records concerning their child. Under FERPA, “education records” are broadly defined as...more

Goodwin

California Enacts CalECPA, Requiring a Search Warrant to Obtain or Access Users’ Electronic Information

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On Thursday, October 8, 2015, California Governor Jerry Brown signed into law the Electronic Communications Privacy Act (the “California ECPA”). This legislation, which takes effect on January 1, 2015, has been heralded by...more

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