One benefit of living in the digital age is that we no longer
need to travel to our attorney's office to place a wet
signature on an important contract or mortgage document. Parties
now regularly execute multi-million dollar real estate
transactions, non-competition agreements, and stock purchases,
among other agreements, using digital signature applications. The
most often used application, DocuSign, boasts that its solution
enables you to electronically sign while meeting the requirements
of the ESIGN Act and the Uniform Electronic Transactions Act in the
United States, in addition to complying with most other laws in
countries where electronic signatures are recognized.
As trial lawyers who often encounter these agreements after a
deal has soured, we now have an additional evidentiary burden as we
lay a foundation in court and authenticate these documents which
the parties "signed" digitally. As with traditional wet
signatures, we can anticipate that in some
