2008 Case Law Review from Locke Lord Bissell & Liddell LLP’s ^[1]

Courts across the country (federal and state) continue to address the effectiveness of delivering documents exclusively through electronic means as well as the enforceability of electronic signatures in a variety of settings. The courts have addressed the enforceability of electronic signatures applied by insurance agents on behalf of the insureds, the enforceability of an employee’s electronic signatures that causes a change in that employee’s terms and conditions of employment and in a myriad of other contexts.

The cases are, without exception, supporting our continuing view that through use of a well planned electronic signature process and workflow, supported by appropriate technology, companies can design and implement an electronic signature process with no more risk than, and in some cases less risk than, wet ink contracting.

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