E-Signatures, Part 1. Can an Electronic Signature or an Exchange of E-mails create the Basis for a Binding Contract?
There is unquestionably a trend toward greater use of Adobe, Docusign, Yozens, and other means of electronic signature for purposes of execution of legal documents and other correspondence. A simple Google search reveals dozens of vendors offering e-signature services. My clients, more and more often, are asking me whether they need to send originals or not when it comes time to execute legal documents. The concern is one of cost and convenience. Who wants to print a long document, sign numerous originals, then pay for overnight delivery service (which can cost up to $30 for Fedex) when a signed document can be sent electronically with the touch of a button? The question is whether these electronic agreements are legal and enforceable. The short answer: In most cases, originals are not necessary. Recognizing the need for certainty in e-commerce, forty-seven states have now passed some version of the Uniform Electronic Transactions […]
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