Electronic Transactions

What are the rules and requirements for conducting business transactions in electronic form? Helping clients to create enforceable electronic transactions, from electronic contracts to electronic negotiable instruments, is a key focus of the practice at Wildman Harrold. This includes addressing legal issues regarding online authentication, record integrity, and nonrepudiation, as well as requirements for creating enforceable electronic signatures, consumer consent requirements, and information disclosure requirements. Electronic document delivery and record storage are also rapidly becoming a critical issue for companies looking for ways to streamline processing, speed delivery, and save money. Our Electronic Transactions and E-Business Practice includes attorneys nationally and internationally recognized for their work in this area. We work with clients of all sizes across numerous industries to assist in these critical e-business opportunities. We are also actively involved in developing e-business legal and public policy, from electronic signatures to international electronic contracting to online cross-border authentication and identity fraud.

• Working as member of the U.S. Delegation to the United Nations Commission on International Trade Law to address legal issues in cross-border recognition of electronic signatures and authentication methods.
• Representing several large financial sector companies on a variety of electronic transaction and information security matters, including advice and regulatory compliance. This work has involved matters such as the validity and enforceability of electronic promissory notes; use of electronic notarization; compliance with the requirements of both E-SIGN and UETA; satisfying legal requirements for electronic document delivery; evaluation of the validity and legal enforceability of electronic signatures; assisting in the evaluation of information security breaches and associated legal obligations; and advice regarding federal banking regulations requiring the use of multi-factor authentication for Internet banking applications. 
• Advised on the development of PKI infrastructures, including preparation of a certification practice statement, for a leading Internet company. This included addressing issues related to the issuance of SSL certificates that will be used to identify and authenticate individuals and servers to the public. 
• Assisted a Fortune 500 company in evaluating the legal requirements for obtaining, in electronic-only form, employee consents to criminal background checks that are compliant with the Fair Credit Reporting Act.
• Negotiated an ACH electronic payment processing contract to facilitate the automatic electronic debiting of consumer payments as a replacement for manual paper check processing.