Digital workflows are becoming the expected process for conducting business. They save time, increase accuracy, provide a better experience, and ultimately drive to faster resolutions and approvals. But the risks and opportunities must be understood before implementing any new technology.
See the latest trends and practices regarding the adoption, use, and verification of digital and electronic signatures for 2016 and beyond.
3. Your Hosts
Reggie Davis
• DocuSign General Counsel
• “Impact General Counsel of the Year 2016”
‒ The Recorder
• “General Counsel of the Year - 2013”
‒ Silicon Valley Business Journal
• “Most InnovaLve Legal Team – 2012”
‒ Inside Counsel Magazine
• LiLgaLon Partner Hancock, Rothert & Bunsho`
• General Counsel, Zynga
• VP & AGC, Yahoo!
Damon Miño
• DocuSign Director Legal Industry Ver?cal
• Responsible for DocuSign’s SoluLon for Law Firms
• JD, Northwestern University School of Law
• Corporate TransacLon Aforney
• In-House IP Licensing Aforney
• Ariba, 3-PAR, LinkedIn, DocuSign
7. Electronic Signatures in Global and Na?onal Commerce Act
(ESIGN)
• Passed by Congress in 2000
• Federal version of UETA
• Consumer protecLons
‒ If the consumer has a right to receive informaLon on paper, it may be provided
electronically only if consumer disclosure requirements are met
‒ Improper consumer disclosure does not render the underlying contract invalid
‒ Consumer noLce requirements mirrored in some states’ implementaLon of UETA
• PreempLon of nonconforming state laws
‒ Laws conforming to the model UETA are not preempted
DOCUSIGN CONFIDENTIAL
11. eIDAS paves the way for a
unified EU eSignature
market
LegiLmizes Cloud-based
signatures by removing
smartcard requirements
Enforces Pan-EU Interoperability
(July 1st, 2016)
Mandatory AdopLon by all
Member States
22. Original Record vs. Proof of Process
DOCUSIGN CONFIDENTIAL
Person v. Google, Inc.
The court relied on proof of process as opposed to proof by the document
itself to support defense.
Bar-Ayal v. Time Warner Cable Inc.
Clearly presented agreements will be enforced unless unconscionable.
Court accepted a re-enactment of the agreement formation process (where
the plaintiff had to click on the Accept button eight times) in order to refute
the plaintiff’s claim that he never saw the agreement.
Hook v. Intelius
Evidence of process alone is sufficient to support a finding that the process
used is standard in the industry and produces an accurate result.
27. FAQ (these are the ones we hear most o`en from lawyers)
• What about notarizaLon?
• E-notary is permifed in the majority of states, but there has been very lifle adopLon
• only Virginia allows remote notary – all other states sLll require physical presence
• NotarizaLon is o`en used when not legally required. Electronic alternaLves exist that may
serve the same funcLon if notary is used for policy rather than legal reasons
• Can agreements be backdated? Or signed in advance?
• Most esignature soluLons record the actual Lme a signature event occurs. Free form fields
may be used to enter another date, but the audit trail will reflect the real Lme of signature
• SoluLons like “signature page escrow” can be used to collect signatures in advance
• How can we ensure the signer actually read the document?
• How do you do it now? No one can be forced to read a document, but you can increase the
odds (or create befer evidence) with pracLces like requiring iniLals next to key terms
• Make sure it is at least possible to read them – for example, if documents are afached to
an email, make sure the recipient has the right so`ware to open them.
DOCUSIGN CONFIDENTIAL