February brought us many updates regarding electronic signature. From the launch of DocuSign Version 10.1 SaaS esignature service to participation at multiple conferences to discuss eSign as a speaker or expo participant, DocuSign continues its leadership role in helping you save time and safely send, sign, and manage your documents with confidence.

Ken Moyle to Discuss eSignature at 10th CSO Council Bay Area Event on Electronic and Digital Signatures

We’re pleased to announce Ken Moyle’s selection to a panel at the 10th CSO Council Bay Area event on Electronic and Digital Signatures, March 1st (full day) at Adobe in San Francisco. Ken will be discussing eSigning in the cloud, legal issues of chain of custody, evidence preservation and other related topics.

Announcing the Launch of DocuSign Version 10.1 SaaS eSignature Service

New Customer-Driven Capabilities and Exclusive ESIGN Service Offerings for Adobe PDF, Salesforce CRM and Apple iPhone
Today, we announced our latest innovations in on-demand electronic signature solutions, with the release of the DocuSign version 10.1. This version of our award-winning e-signature service offers unique features and functionality designed to support workflow and productivity.

Don’t Miss Electronic Signature at the National Real Estate CyberConvention and Expo

We’re excited to let you know that Tom Gonser, Founder and VP of Product Strategy for DocuSign, will be a featured speaker with a presentation for Accelerating Real Estate Business With E-Signatures at the upcoming National Real Estate CyberConvention & Expo, February 21-27, 2010.
This online convention means that you may attend all events — without leaving the comfort of your home or office!

Talking eSign at Next Week’s Keller Williams Family Reunion!

New Orleans – What a happening place! Last weekend, The Saints won the Super Bowl. This weekend is Mardi Gras. Next week, DocuSign will be on hand in booth #456 to discuss eSignature with those attending the Keller Williams Family Reunion! We look forward to connecting with many of our current DocuSign customers and meeting with anyone interested in learning more about electronic signature from DocuSign!

Cash in on the Demand for eSignature Services With the DocuSign Affiliate Program

Today’s a big day – we’re announcing the launch of the DocuSign Affiliate Program to enable online businesses to share the benefits of the DocuSign Electronic Signature Services with their online clients and visitors. We’ve extended our reach and shattered expectations with more than 500 affiliate partners joining in the first week of launch.

As Demand for eSignature Services Accelerates, DocuSign Partner Program Expands

Today, we’re announcing the launch of the DocuSign Partner Program, a comprehensive initiative to effectively extend DocuSign’s reach through strategic, referral and affiliate partners. Rapid adoption of DocuSign Electronic Signature Services sparked this new lead referral program to spur partner success. The program is designed to further accelerate the adoption of DocuSign eSignature services.

Network Products Guide Names DocuSign 2010 Hot Companies Finalist

Winners Will Be Honored at Technosium 2010 Hot Companies and Technology Award Presentations and Dinner – Today, we announced our selection as a 2010 Hot Companies finalist by Network Products Guide. DocuSign is the only electronic signature services provider selected as a 2010 Hot Companies finalist.

DocuSign Receives Red Herring 100 Global Award Nomination

Red Herring Reveals the Top Finalists for the Red Herring 100 and Includes DocuSign, the Leader in Electronic Signature Services – Today, we’ve announced our selection as a finalist for Red Herring’s Global 100 award, a prestigious list honoring the year’s most promising private technology ventures from around the world.

Stay tuned to see what we have coming up for you in March – Ken Moyle’s panel at the 10th CSO Council Bay Area event on Electronic and Digital Signatures, March 1st at Adobe in San Francisco is only the beginning of the developments we have regarding DocuSign and electronic signature!

About Ken Moyle, Chief Legal Officer, DocuSign and Public Policy Chair, Electronic Signatures and Records Association (ESRA)

Ken Moyle joined DocuSign® in July 2006 with more than 15 years of high-tech industry experience. He is responsible for planning and directing finance, operations, legal and corporate affairs for DocuSign.

Mr. Moyle was previously general counsel and secretary at Insightful Corporation, a publicly traded software and services company specializing in predictive analytics. As top legal and compliance officer, Moyle was responsible for all corporate legal matters, including IP licensing, mergers and acquisitions, distributor contracts, copyright and trademark issues, patents, SEC reporting, corporate governance, risk management, litigation, and investor relations. He also oversaw human resources and facilities. Ken was also instrumental in converting a remote operating division of Insightful into the corporate headquarters of a public company. He oversaw numerous strategic acquisitions and established all of the company’s foreign subsidiaries.

Moyle represents DocuSign on the board of directors of the Washington D.C. based Electronic Signatures and Records Association (ESRA) and is chairman of ESRA’s Public Policy Committee. He is also a member of the Mortgage Bankers Association’s MISMO eMortgage Legal Issues workgroup. He has lectured on legal topics including ESIGN/UETA, electronic signatures in academic lending, open source software licensing and application service provider (ASP) business models and has spoken on a variety of public interest topics to audiences around the country.

Mr. Moyle holds a J.D. from the University of Washington. He is a member of the Washington Bar Association and is admitted to practice before the Supreme Court of the State of Washington.

Attendees of the 10^th CSO Council Bay Area event on Electronic and Digital Signatures will learn the pros and cons of electronic versus digital signatures from the identity, evidence, and operational perspectives.

This year’s special guests are two federal magistrate judges. Magistrate Facciola (S.D.N.Y.) recently digitally signed the first judicial order in US history, which he will discuss in his keynote. Attendees can also witness a mock trial and ask questions of a judicial panel.

This event is on the first day of the RSA conference, which is mostly an open and free day.

If you are interested in attending, please register by clicking the graphic below:

Today we hear from Ken Moyle, DocuSign’s Chief Legal Officer and noted electronic signature law expert. In addition to serving as the Public Policy Chair of the Electronic Signature and Records Association (ESRA), Ken also often teaches continuing legal education classes and seminars regarding esignature and ESIGN.

Often, Ken is asked questions about when electronic signatures can be used to create a binding agreement. We all want to know how and when we can use eSignatures to create a binding agreement, so without further ado, Ken’s thoughts:

Consent to do Business With eSignature
Like most popular phenomena, the electronic signature movement is sometimes susceptible to rumor and misinformation. For example, there are still a few folks in the real estate and mortgage industries who insist that a real estate transaction cannot executed electronically unless there is a paper-and-ink contract confirming the parties’ agreement to go paperless.

This myth has been making the rounds for years in the Pacific Northwest and in some other small pockets of the country. I did a lot asking around to find out where this came from. The main source appears to be from an early Multiple Listing Service interpretation of the federal ESIGN Act, which provided an instant 50-state baseline for enforceability of electronic contracts (Washington is one of three states that have not adopted some form of the Uniform Electronic Transactions Act, the state precursor to ESIGN).

The confusion seems to come from this statement, which was forwarded to me recently by a real estate agent in Oregon who received it from a representative of her MLS:

“Electronic signatures can be used to create a binding real property purchase agreement, but only if the parties have a signed, written agreement to that effect in place before they use the electronic signatures.”

On its face, this statement is not inconsistent with the federal ESIGN Act or the state UETAs, since under these laws a “writing” is given the same effect regardless of whether it is on paper or electronic. But in the above case the statement was invoked to convince the agent that the “signed, written agreement” must be on paper.

The federal ESIGN Act requires that parties consent to do business electronically, but there is no requirement that a separate paper contract be in place in order to manifest such consent. In the case of a consumer transaction (such as a residential real estate sale) where a party is required by law to provide information that is otherwise required to be provided in writing and on paper, certain disclosures about engaging in business electronically must be provided to the consumer before the consumer consents to do business electronically. See ESIGN 101(c)(1). In addition, the consumer must “affirmatively” consent, but there is no requirement that the consent be documented in a [separate] “signed, written agreement.” ). In fact, section101(c)(1)(C)(ii) of the federal law requires that the consent be given electronically and not on paper, in order to demonstrate the consumer’s technical capacity to engage in business electronically. In business to business transactions and in transactions where a signature is the only legal requirement (even if a consumer is involved), the consent does not have to be explicit at all. It may be found based on the facts and circumstances surrounding the transaction, and in most cases the fact that both parties used electronic means to execute the contract in the first place is more than enough to demonstrate that the parties consented to engage in business electronically as well as consented to the terms of the agreement.

But what if ESIGN doesn’t apply? Isn’t the state’s law going to vary these requirements? In order to promote e-commerce nationwide, the ESIGN Act takes full advantage of the Commerce Clause of the Constitution in order to preempt state laws that would threaten the 50-state baseline. Any state electronic signature law that would impose burdens or increased costs on the use of electronic records could cause the state law to be preempted by ESIGN. To the extent that a state law requires a paper agreement to get consent to business electronically, such requirement would presumably be preempted.

Fortunately, an association or MLS has no authority to determine the enforceability of a real estate contract. If two parties, after agreeing to transact business electronically, enter into a real estate contract by electronic means, the electronically signed contract will be valid, effective and enforceable.

DocuSign’s Chief Legal Officer, Ken Moyle, will be teaching a live and interactive telephone seminar about electronic signatures and records through Virginia Continuing Legal Education. This telephone seminar will be offered live today and as a replay the first week in February.

A LIVE AND INTERACTIVE TELEPHONE SEMINAR FROM VIRGINIA CLE

LIVE (Eastern Time): Tuesday, January 26 / 12:00 noon–1:00 p.m.

REPLAY (Eastern Time): Friday, February 5 / 12:00 noon–1:00 p.m.

Become current with the latest state of the law of electronic signatures and records, including:

• State and federal statutory framework
• Case law
• Regulatory updates

Two eminent speakers, Ken Moyle of DocuSign and Margo H.K. Tank of Buckley Sander, LLP will dispel myths on evidence and proof of electronic signatures and records and provide practice tips.

Both Ken and Margo have presented on electronic signatures and records for industry organizations such as NCHELP (educational lending) AICP (insurance compliance), MBA (mortgage), and others, and are recognized as leading experts on the subject.

COURSE SCHEDULE

The first 45 minutes will discuss the current law regarding electronic signatures and records. Topics for discussion include:

• Legal authority for the use of electronic records and signatures
• ESIGN and UETA scope and definitions
• Obtaining consumer consent
• Authenticating customers
• Effective online agreement and disclosures
• Electronic records and transferable records
• Federal preemption of state e-signature laws
• Case law and emerging trends
• Implementation tips and strategies
• Available technology solutions

The final 15 minutes will allow for Questions and Answers.

QUESTION-AND-ANSWER SESSION:

At the end of the program, you can push a number on your touch-tone phone and be placed in a queue for questions. When it’s your turn, you enter the conference call in a mode that allows your question to be heard by the speakers and the rest of the telephone audience. The speakers will then discuss the question with you.

FACULTY

Ken Moyle, DocuSign / Seattle, Washington

Ken Moyle is chairman of the Public Policy Committee for the Electronic Signature and Records Association (ESRA). He is a member of the Insured Retirement Institute and a former member of the Mortgage Bankers Association’s MISMO eMortgage Legal Issues workgroup. Mr. Moyle has lectured on legal topics including ESIGN/UETA, electronic signatures in academic lending, and open source software licensing and application service provider (ASP) business models, and has spoken on a variety of public interest topics to audiences around the country. He holds a J.D. from the University of Washington.

Margo H.K. Tank, Buckley Sandler LLP / Washington, DC

Margo Tank advises financial services providers on how to structure online business programs in compliance with the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA), and other state and federal laws governing electronic financial services transactions, including laws related to privacy and data security, electronic record management, and e-discovery and payments.

Ms. Tank’s other activities include acting as the co-reporter for the Drafting Committee preparing the Standards and Procedures for Electronic Records and Signatures (SPeRS), and advocacy before Congress and federal regulators with respect to electronic financial services issues as counsel to the Electronic Financial Services Council and the Electronic Signature and Records Association. Ms. Tank is both the author of many articles and a frequent speaker on the electronic delivery of financial services.

Regarding the law relevant to electronic signatures and records, know that DocuSign remains a leader at the forefront, providing continuing education for other attorneys and participating in industry groups to help organizations understand the impact of electronic signature and records on their business.

Quick Recap – Ken Moyle’s “Legality of Electronic Signatures and Real Estate.”

At the Caifornia Association of Realtors EXPO’s Tech Tuesday, Ken Moyle, DocuSign’s Chief Legal Officer gave a talk: “Legality of Electronic Signatures and Real Estate”. This well-attended session covered quite a bit of information with answers to many questions from the audience.

DocuSign ESignature Fall Release Highlights

Want to know the scoop on this Fall’s release and the latest about electronic signature from Tom Gonser, the VP of Product Strategy? On October 6th, DocuSign’s Fall Release will be available. With several powerful new features, the latest innovation in electronic signature will allow our customers to do more than ever with DocuSign.

Electronic Signatures, Real Estate, Pennsylvania Association of Realtors… What’s Really Going on?

Since DocuSign began participating in online conversations about electronic signatures and online contract execution, we’ve noticed that misperceptions exist regarding whether or not various groups approved the use of digital signature and electronic contracts or records. We recently published a piece discussing FHA and lender acceptance of electronic signature, and the Pennsylvania Association of Realtors clarified its position on electronic signature.

FHA & Lender Acceptance

Background: Nine years ago, the federal ESIGN Act passed through the legislative process to become national law. However, some federal and state agencies have been slow to adopt rules and guidelines consistent with ESIGN’s intent to remove barriers to e-commerce. Among these is the U.S. Department of Housing and Urban Development (HUD). What was the result?

NAR Selects DocuSign as Official and Exclusive Provider of eSignature Services under NAR’s REALTOR Benefits® Program

To set the stage, DocuSign has more than 18,000 Real Estate subscribers who use DocuSign electronic signature every day to close deals faster and make it more convenient for their customers to sign by avoiding faxes and other paper messes. Thank you to the many customers who have come by the booth at the REALTORS® Conference and Expo.

These first five moments of the “Top 10 Real Estate and Electronic Signature Moments in 2009″ demonstrate DocuSign’s leadership in – come back tomorrow for the final five real estate and electronic signature moments.

Don’t forget that this is the last week to take advantage of the “ESIGN Advantage Promotion for REALTORS®,” available to all NAR members.

1. What does DocuSign Electronic Signature do?

DocuSign enables you to electronically send, sign, and manage your real estate and broker forms with confidence. You can use your current form creation process with DocuSign’s ability to mark up the document with yellow stick-e-tabs so you’ll never miss another signature or initial again.

DocuSign also notifies your clients that they have documents to sign and will walk them through the process of adopting an electronic signature and signing the document. You can also set up DocuSign to copy the other agent in the transaction so that once your clients have all signed, the process moves forward automatically! You’ll also receive a notification when your signers have all signed.

Using DocuSign’s electronic signature process with your real estate forms makes it easy and convenient for both you and your customers, giving you the competitive advantage buyers are talking about.

Find out how-to integrate DocuSign with your current forms creation software.

2. How does the e-signature get into the DocuSign system?

First, the sender creates an envelope and uploads the documents for signature. The sender addresses the envelope with the signer’s name and email address.

Then DocuSign sends the signer an email notifying them they have documents to be signed.

The signer clicks on the secure link, authenticates himself or herself into the system and goes through a process to adopt an electronic signature unique to the signer.

3. Won’t using electronic signature hurt my ability to develop relationships with my clients?

We understand that as real estate professionals, relationships and relationship building are important to your bottom line.

For example, if you and your client are in the offer process, you may also end up counter-offering as well. What if your client doesn’t have time to meet you every time new documents need to be signed? What if they’re out of town on business?

With DocuSign, the signing process can happen remotely if that’s what the client needs. DocuSign also offers in-person signing capabilities that enable you to leverage the power of electronic signature, document management and provide the in-person interaction as well.

4. Do I need any special equipment?

No – you can access DocuSign’s electronic signature services anywhere you have internet access, email and a web browser. This means you can access the DocuSign system from your home, office, or local coffee shop with wifi.

You can DocuSign from your desktop PC, Mac, Windows laptop, tablet – whatever computer you currently have, as long as you can get email, internet and browse the web!

This fall, DocuSign also launched ‘Designed for Mobile’ signing support for Apple iPhone and BlackBerry devices to make it faster and easier for customers to complete transactions while on the go.

5. Can I get more information about the legality of electronic signatures?
Absolutely – take a look at the legal section of the DocuSign blog, where Ken Moyle, DocuSign’s Chief Legal Officer and the Public Policy Chair of ESRA, shares his thoughts and writings about electronic signatures, electronic signature acceptance, authentication and evidentiary considerations.

DocuSign Fall Product Release 9

Earlier this week, Tom Gonser, Founder and VP of Product Strategy, shared some exciting new electronic signature features developed by DocuSign. These features were built based on customer feedback, so don’t be shy about telling us how we can improve DocuSign! A “designed for mobile” experience, fax capability, and resizable electronic signature are only a few of the new features Tom discussed. For more information, read “DocuSign ESignature Fall Release Highlights” from Tom Gonser.

DocuSign iPhone App Launch – ESIGNControl

ESIGNControl, a new iPhone application from Smart Mobile Solutions is now available from the iTunes store. This app enable you to use your iPhone to track, view and control documents sent for electronic signature. Smart Mobile Solutions specializes in mobile application development and created ESIGNControl with DocuSign’s software development kit in conjunction with participation in the DocuSign DevCenter. To learn more, read “Smart Mobile Solutions Launches New iPhone App for DocuSign.”

California Association of REALTORS® EXPO 2009

This week, Ken Moyle, Dave Thorpe, Suzanne Alberti, Jim Custer and I attended the California Association of REALTORS EXPO, or CAR EXPO. Ken Moyle, DocuSign’s Chief Legal Officer and Public Policy Chair of the Electronic Signatures and Records Association (ESRA), gave a well recieved talk: “Legality of Electronic Signatures in Real Estate.” More details can be found by reading the quick recap of Ken Moyle’s Tech Tuesday Talk.

Did you miss us at CAR EXPO? Keep an eye on our blog for more from CAR EXPO – we’ll add video testimonials, pictures and more shortly!

DocuSign on YouTube

This week, we’ve launched our own YouTube channel, to be a centralized resource for “How-To” videos, clips about electronic signature and videos about how electronic signature has impacted business. Visit and subscribe to the DocuSign YouTube channel here.

We hope your week has been as busy and productive as ours. With DocuSign electronic signature, you can save time AND get your documents e-signed within minutes.

You can catch up on the action at CAR EXPO and Tech Tuesday until Twitter clears its index.

Some key points from the DocuSign twitter stream from Ken Moyle’s discussion about the “Legality of Electronic Signatures and Real Estate”

• E-signature is fully supported in CA and there is no California case law that questions the legality of electronic records or signature.
• Fannie and Freddie do not have problems with electronic signature.
• DocuSign is set up for real estate transactions
• Ken discussed value and features for electronic signature and electronic evidence – DocuSign does have these electronic evidence features.
• DocuSign’s optional initial feature came up, which allows signers to pick and choose which provisions they agree to – our users love this and leverage it for optional clauses like liquidated damages and others.
• Ken showed a demo video of the DocuSign electronic signature signing experience, to demonstrate its look and feel. The signing experience includes adoption of a signature, consumer disclosures which enable DocuSign electronic signature to be ESIGN compliant.
• Fraud mitigation was a topic of discussion – DocuSign provides access codes and ID check functionality and lots of tools in place to mitigate fraud.
• Ken Moyle called us all super, super heroes, but we can’t prevent all crime. However, it is hard for people to use DocuSign for fraud and not get caught.
• Lots of great questions were asked about electronic signature, including where tablet PCs fit into electronic signature or digital signature space.

Not only did we have a lawyer in attendance, we also had Ken Moyle’s Mom really come to his session! Interested in making your voice heard regarding FHA and ESignature? It’s not too late to reach out to ESRA on this issue!

Once I get a copy of Ken’s deck from today’s presentation, I’ll post it online – keep an eye out for it.

Bottom line? Electronic Signature IS enforceable.

Please note: These takeaways are provided in accordance with DocuSign’s blog disclaimer policy.

E-Signature and real estate work well together – from the time savings and convenience factor to increased customer satisfaction. We look forward to meeting each of you and having further conversations about how esign technology can help you, as a real estate professional.

Ken Moyle, DocuSign’s Chief Legal Officer, will be Presenting at CAR

Ken manages legal, personnel and corporate matters at DocuSign. The legal work has two distinct flavors. Ken works with DocuSign’s own contracts as well as helps other companies work through legal and regulatory issues that may arise when working with electronic signatures and records.

According to Ken:

By far the most important projects that I am currently working on are centered on removing barriers to e-commerce, such as government regulations that haven’t yet caught up with modern ways of doing business.

Ken can help real estate professionals by addressing and removing “downstream” issues that can arise when progressive-minded real estate professionals use new tools to perform age-old tasks. Right now, for example, we have some outdated guidance from the FHA that is confusing the market. Ken’s goal is to help the real estate industry realize the full value of electronic signatures by educating regulators and lenders about the enforceability and security of electronically signed contracts, and help them appreciate the economic and environmental impacts that ecommerce is having nationwide.

Want to know more? Attend Ken’s session at CAR! Ken will be presenting “Legality of Electronic Signatures and Real Estate.”

This all level session is applicable to any real estate professional and will be on Tech Tuesday.

Who: Ken Moyle, DocuSign Chief Legal Officer

What: “Legality of Electronic Signatures and Real Estate”

When: Tech Tuesday, 10/6, from 2:00-3:00 pm

Where: CAR EXPO

Check our Twitterfeed throughout CAR EXPO for real time updates on DocuSign.

Suzanne Alberti, DocuSign’s Marketing Manager, will be Answering Your Questions

Suzanne Alberti, DocuSign’s marketing manager, develops the marketing initiatives for the web subscription channel. She works mostly with real estate professionals. She finds her work fulfilling and truly believes that DocuSign is a great fit for real estate and feels passionately about it – ask her about her real estate background!

Suzanne is well versed in DocuSign’s benefits and capabilities:

I understand that most agents are apprehensive about introducing technology into their business when they feel they have been successful without it. But this is definitely one of those things, that once you try it, you don’t know how you lived without it.

Next Monday, meet the rest of DocuSign’s representatives who will be at CAR! Wonder who they will be? Check back!

The email address for ESRA is: ESRA@esignrecords.org.

Are you having problems using e-signatures with clients who have FHA loans? Are your clients losing their rate locks? Do they have to go back and re-sign with a “wet signature” because some lenders are unwilling to accept e-signatures? Has this affected your income? 

We are working to help you. 

At DocuSign, we heard you loud and clear and have teamed up with ESRA (Electronic Signature & Records Association, www.esignrecords.org) to bring this message to the FHA. ESRA’s mission is to educate its members, the public, and the government with respect to the legal, regulatory and operational aspects of the use and acceptance of electronic signatures and records. DocuSign, ESRA and the FHA are having very productive discussions on the issue of electronic signatures on real estate contracts, and they are working together to come up with a rapid solution.

We need your help.

As you know, electronic signatures are not new. Signed into law in 2000 by President Clinton, the ESIGN act provided for documents and signatures in electronic form to have the same legal standing as paper documents and handwritten signatures.  FHA leadership wants to make progress toward compliance with the spirit of ESIGN, and has been working to recognize these 100% valid transactions. Let FHA know that you support this effort.

What you can do.

Tell your story of customer frustration, economic loss-whether it is lost commissions, increased fuel costs, or hours/time lost in closing because of lender acceptance problems. Ask the FHA to publicly state its policy regarding e-signature acceptance.  The only way to effectively turn the wheel of change from “status quo“ to “e-signature acceptance“ is to stand up and be heard.

You can use our template to copy and paste into your email or just use it for inspiration.

Address your email to ESRA: ESRA@esignrecords.org.

ESRA will submit ALL of your emails to FHA on your behalf.

Act now! The FHA needs to hear from you. Send your email today.

Together, let’s make a difference. Click here for more information about this initiative regarding esignatures and the FHA.