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Audio Conference Series:

Understanding Electronic Records and Electronic Records Management Systems: Navigating the Legal Traps and Building an Effective Program

Order Online:
CD only:	$299.00

Date:	Thursday, September 10, 2009
Time:	1:00 pm - 2:30 pm ET
Featured Speakers:	Margo Tank & Jeffrey Ritter
Duration:	90
Location:	Your office or conference room
Prerequisites:	None
*Time reflects Daylight Saving Time If your area does NOT observe Daylight Saving Time, the time will be one hour earlier.

The use of technology is a must for companies to remain competitive and minimize compliance risks. An understanding of electronic processes and underlying legal requirements is critical for building effective electronic transactions and electronic record management systems. In addition, adverse judgments and orders against financial institutions finding fault with their electronic records has focused CEOs, Boards of Directors and regulators on one simple question: “Are electronic records reliable?”

This program surveys the changing legal landscape in which companies engaging in business electronically, either with business partners or customers, must operate, and the traps for the unwary that await. The program also identifies the critical building blocks corporate teams are using to develop effective and defensible electronic records that can withstand challenges in the courtroom and in enforcement review.

In this audio conference, you will be exposed to (1) the Electronic Signatures and Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA), the laws that make it possible to present and store information and to sign agreements electronically in circumstances where, in the past, paper documents and wet signatures would have been required; and (2) the legal traps that are snaring corporate electronic records, and the emerging legal standards for judging whether electronic records will be accepted as reliable evidence for the truth. The program will review:

• The new regulatory landscape that requires counsel take responsibility for assuring that electronic records and electronic signatures are created, managed and stored in a way that businesses can feel comfortable that their transactions will be enforceable and they will be able to meet regulatory requirements;.
• The demanding criteria that courts are imposing for producing electronic records in litigation that will be accepted as evidence.
• The strategies plaintiff’s counsel are taught to cast doubt on corporate electronic records, and potentially block their admissibility into evidence.
• The responsibilities of counsel to understand, and be accountable for, the IT systems, applications and electronic records that are produced in discovery or in enforcement actions.
• The technology standards against which electronic records management will be evaluated.

The program includes a 30-minute Q&A session following each session. Listen in and get the chance to ask your specific questions!

Registration Includes:

• Admittance to the 90-minute call for as many people as you can fit in a room with a speakerphone
• Access to the specially created presentation handouts (made available 48 hours in advance)
• Participation in the 30-minute live Q&A with the speakers following the presentation
• Certificates of attendance for all audio conference attendees

About Our Speakers

Margo H.K Tank

Margo H.K Tank is a partner at BuckleySandler LLP located in Washington, D.C. Ms. Tank advises financial services providers, secondary market investors and technology companies on electronic signature and electronic record retention matters, data security, privacy, and related e-commerce issues. She played a leading role in advocating the enactment of the federal Electronic Signatures in Global and National Commerce Act (“ESIGN”) and is counsel to the Electronic Financial Services Council and the Electronic Signatures and Records Association, national trade organizations that promote the availability and delivery of financial services through electronic commerce. She was also the co-reporter to the Standards and Procedures for Electronic Records and Signatures initiative (“SPeRS”), a private sector initiative of more than 30 companies which created industry-recognized “rules of the road” for conducting business transactions online, including guidelines for the use and acceptance of electronic signatures and records. She is also one of co-authors of The Law of Electronic Signatures and Records (Glasser LegalWorks, 2004).

Jeffrey Ritter, Esq.

Jeffrey Ritter, Esq. is recognized as one of the pioneers in shaping the laws for electronic commerce. Through his company, Waters Edge Consulting (www.wec-llc.com), companies acquire authoritative knowledge assets for mastering the rules for electronic information and building stronger, better electronic records programs. He was the founding chair of the ABA Committee on Cyberspace Law and represented the United States in UN activities for nearly 8 years on enabling global electronic commerce. He is former outside counsel to the Information Systems Security Association as well as numerous international banks and financial service firms. He has published five books on electronic commerce and the law, including two titles in the CastleQuest Discovery Library focusing on the rules for electronic information as evidence.