Gary Gansle and Nisha Patel, attorneys at Patton Boggs, recently summarized a decision from the California Court of Appeal, holding that an employee’s electronic signature to an arbitration agreement may not have been sufficient evidence that the signature was the act of the employee. The court then refused to enforce the arbitration agreement. The California’s court’s decision is here. The decision is worth reading because it discusses how the company should have authenticated the employee’s electronic signature, with the court finding that the company’s business manager did not explain how the employee’s electronic signature could only be placed on the document by the employee.
