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ARTICLE · 21 MAY 2020

Using E-Signatures In Court — The Value Of An Audit Trail

From antiquity through the middle ages, the authenticity of a document's signature was confirmed by using a signet ring pressed into a wax seal. The signet was unique to the signer, so the presence of the....

United StatesLitigation, Mediation & Arbitration

From antiquity through the middle ages, the authenticity of a document's signature was confirmed by using a signet ring pressed into a wax seal. The signet was unique to the signer, so the presence of the stamp on a document provided assurance that the document had not been forged. While wax seals continue to carry romantic appeal today, they are hardly suitable for the speed and geographic reach of modern commerce. Fortunately, the process of creating a verifiable signature has evolved significantly in the last 1,000 years or so, and one can think of the digital audit trail provided by electronic signature services as the modern-day signet stamp.

The primary purpose of a signature on an agreement is to bind the signatory to the obligations set forth in the agreement if a dispute arises over that party's performance. Therefore, the ability to authenticate a signature as that of the signer in court is necessary in a contract dispute where a party disputes that he is

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