E-Signature Tech Is Having a Moment. Can It Last?
Earlier this month DocuSign pushed United Airlines off of the Nasdaq 100 while competitor SimplyAgree saw a huge surge in customers across March and April. Some believe that even a fragmented regulatory landscape won't slow down e-signature companies.
June 24, 2020 at 10:00 AM
3 minute read
Like other remote-friendly businesses, e-signature companies have seen a rise in client interest over the last few months as attorneys and other professionals look for ways to keep deals moving absent the opportunity for face-to-face interactions. Still, whether that newfound enthusiasm can withstand continuing regulatory obstacles remains to be seen.
One thing is for sure: E-signature technology is having a moment. Last week, for example, CNBC reported that DocuSign's stock had reached an all-time high, replacing United Airlines on the Nasdaq 100 index. On the other end, SimplyAgree CEO Will Norton said as many law firms approached his startup company in the months of March and April as did in the entirety of last year.
But despite the growing popularity of e-signature tech, a patchwork of state laws still put some restrictions on the use of such tools. Laws governing the use of electronic notary signatures, for instance, still vary from jurisdiction to jurisdiction, with some requiring that notaries and clients be physically present in the same room.
However, Steve Krause, senior vice president for strategy and product marketing at DocuSign, indicated that regulatory obstacles have always been a part of the equation, and many of the company's early years were spent both overcoming those hurdles and then convincing a "critical mass of prospects" of the viability of e-signatures.
"We expect the same thing that happened with e-signature to happen with other areas of regulatory complexity, such as notarization or, in the EU, advanced and qualified signatures. There already are technical solutions, and in many cases, there already are established regulations. It just takes time for everybody to get comfortable with change," Krause said.
In the meantime, clients may be content not to take an all-or-nothing approach. Norton at SimplyAgree indicated that the company allows users to toggle back and forth between the use of handwritten and e-signatures on the same deal. Thus far, those customers seem content to use e-signatures to speed the process along where they can, even if a few stages must remain analog for regulatory purposes.
Like Krause, he believes that regulations will eventually be updated to reflect the potential of e-notarization, but doesn't believe the company will suffer in the meantime given that it can still streamline the contract process, if not execute it from end-to-end. "From our perspective, our customers are going to close their deals one way or another, whether they use e-notarization or not," Norton said.
Still, it could help that the future probably won't be entirely determined by the regulatory landscape, especially as e-signatures remain a crucial part of a broadening contract ecosystem. While a pandemic-related surge in interest may have helped to propel DocuSign to the Nasdaq 100, the company's March acquisition of contact analytics provider Seal Software likely also helped.
Scott Olrich, chief operating officer at DocuSign, had previously told LTN that Seal's AI technology would be integrated into the cloud's agreement suite, with the resulting features including the ability to auto-tag documents for signatures and dates. Other capabilities, such as blockchain-connected code that can monitor and execute contract requirements when triggered, represent another path to growth.
"This type of capability is an investment area for us, and it will be important in the future," Krause said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250