• 17 minutes

Electronic Signatures - Recent Issues in U.S. Case Law


Beware the binding nature of a click!

What actually goes into signing? For statute of frauds, a signature is the act that authenticates the document as evidence of an agreement. But when is an email actually signed? Case law has ruled that a signature block is not enough, case law has also ruled that a signature block is sufficient. This video reviews different cases of electronic signing disputes, and case law surrounding click agreements.

Runtime: 16 minutes



Nancy L. Perkins

Nancy L. Perkins

Arnold & Porter Kaye Scholer LLP

  • Counsel at Arnold & Porter Kaye Scholer LLP in Washington, D.C.
  • Advises clients on a wide range of data protection issues at the federal and state levels, including rules applicable to online communications and transactions as well as all types of uses and disclosures of financial, medical, and other sensitive personal information
  • Assists clients in structuring their online service offerings and privacy policies to comply with applicable laws and best practices, taking into account technological and intellectual property issues associated with the expansion of electronic commerce and Internet activities
  • Among other laws, she frequently provides counsel on the federal E-Sign Act and the state laws on electronic signatures and records, including implementations of the Uniform Electronic Transactions Act; the Children’s Online Privacy Protection Act; the Video Privacy Protection Act; the Health Insurance Portability and Accountability Act (HIPAA); the Health Information Technology for Economic and Clinical Health Act; the Gramm-Leach-Bliley Act; the Fair Credit Reporting Act (as amended by the Fair and Accurate Credit Transactions Act); and as state privacy, security, and data breach notification
  • Has a deep background in international law and advises clients on the US-EU Safe Harbor relating to the EU Data Protection Directive, as well as broader issues arising under the rapidly developing framework for global legal protection of personal information
  • Also assists clients on financial data protection and works with them in responding to data security breaches generally, including through notifications to individuals and government authorities, as well as in defending against related litigation
  • Written numerous articles on data privacy and security regulation, and is an Adviser on the American Law Institute’s current project to create a Restatement of Information Privacy Principles
  • Has been ranked among America’s Leading Lawyers for Privacy & Data Security by Chambers USA every year since 2009, and ranked among the World’s Leading Lawyers for Privacy & Data Security (USA) by Chambers Global since 2010
  • J.D. degree, Harvard Law School; M.P.P. degree, Harvard University, John F. Kennedy School of Government; A.B. degree, Harvard College

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