Contracting Electronically: Clauses, formation, and the federal E-Sign Act


CLE credits earned: 1 General Credit (Pending WA 1 Law and Legal)

This CLE will discuss the nuts and bolts of online contracts, including contracting electronically under the federal E-Sign Act, potential clauses to protect your client’s interests in the event of litigation, pitfalls, and best practices for contract formation in the digital context, and other considerations.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•  E-Sign Act considerations
•  Clauses to consider
•  Contract formation pitfalls
•  Other considerations

Date / Time: May 21, 2021

•   1:00 pm – 2:00 pm Eastern
•   12:00 pm – 1:00 pm Central
•   11:00 am – 12:00 pm Mountain
•   10:00 am – 11:00 am Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: May 21, 2021

Sarah Crandall | Associate | Troutman Pepper

Sarah Crandall represents clients in consumer law, business disputes, and commercial litigation as a member of the firm’s Consumer Financial Services practice. The nationally ranked Consumer Financial Services practice assists clients in navigating consumer finance and privacy laws, including fair lending and fair credit reporting, debt collection, auto finance, and mortgage servicing issues. In addition to assisting with matters related to the “alphabet soup” of consumer protection statutes, Sarah handles contract-based litigation in state and federal courts.
Prior to joining the firm, Sarah served as Law Clerk to the Honorable Stephen R. McCullough of the Supreme Court of Virginia. Sarah earned her Juris Doctor from the University of Virginia School of Law, where she served on the Editorial Board for the University of Virginia Law Review. She also successfully represented a client before the United States Court of Appeals for the Fourth Circuit as a member of UVA’s Appellate Litigation Clinic. She draws on her extensive writing experience and knowledge of the litigation process to provide clients with thorough and polished work product and efficient solutions in a timely manner.

Troy Jenkins | Associate | White Collar and Government Investigations

Troy Jenkins is an associate in the firm’s White Collar and Government Investigations practice. He helps major banks, energy companies, financial technology companies, payment processors, and money transmitters create state and federal regulatory policies to aid in navigating regulatory frameworks. In addition, he assists in internal corporate investigations, and state attorney general investigations.
Troy’s practice includes a focus on compliance counseling to help businesses comply with federal and state consumer protection laws regulating financial services companies. He assists particularly with: Electronic Fund Transfer Act (EFTA) and Regulation E (Reg E); Fair Debt Collection Practices Act (FDCPA) and state law analog statutes; Electronic Signatures in Global and National Commerce (E-Sign Act); and Section 5 of the Federal Trade Commission Act and regulations promulgated thereunder prohibiting unfair or deceptive acts and practices.

Troy graduated with a B.A. in Government and History from the University of Virginia, and a J.D. from the University of Richmond School of Law, where he served as the Managing Editor for the Richmond Journal of Global Law and Business. Troy worked as a legal honors extern at the U.S. Securities and Exchange Commission during law school and is also a 2015 Corporate Scholar of the Association of Corporate Counsel.
Troy provides ongoing analysis and commentary on legal and business developments in the consumer financial services industry through the Consumer Financial Services Law Monitor blog at He also regularly participates and provides legal updates and insight to the Third-Party Payment Processors Association.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states except, ME, VA, and WV. Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

    Automatic MCLE Approvals

All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AR, CA, CT, FL, HI, ME, MO, MT, ND, NM, NJ, NY and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)

    Live Video Broadcasts

Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, and LA —these states require in-person attendance to qualify for “Live” CLE credit.

    “Live” Re-Broadcasts

“Live” Re-broadcasts are replays of previously recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, and LA]

Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NM, NJ, and NY. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

I. E-Sign Act considerations 1:00 – 1:15
II. Clauses to consider 1:15 – 1:30
III. Contract formation pitfalls 1:30 – 1:40
IV. Other considerations 1:40 – 1:50
V. Q&A 1:50 – 2:00