Elizabeth S. M. (Liz) CairesLiz Care-essSenior Attorney
Liz Caires is a technology compliance attorney, with over 15 years' experience advising on the adoption of fully digital transactions and processes, including the practical application of law to technology platforms used for electronic signatures, in person and remote electronic notarization, and creation and vaulting of digital assets.
Liz advises both technology platform providers and commercial enterprises across various industries with respect to compliance with laws, regulations and industry standards related to electronic signatures and records, such as:
- The Electronic Signatures in Global and National Commerce Act (ESIGN Act), including the creation, management and transfer of Transferable Records
- The Uniform Electronic Transactions Act (UETA) as adopted in a particular state and state law alternatives to UETA
- Articles 8, 9 and 12 of the Uniform Commercial Code (UCC) regarding the creation, perfection, transfer and securitization of electronic chattel paper and other financial assets
- State laws regarding remote online notarization (RON) or in-person electronic notarization (IPEN)
- 21 CFR Part 11 regarding use of electronic signatures and records by life sciences companies
Represented industries include technology companies in the electronic contracting or electronic and remote notarization space, as well as commercial entities purchasing such services, such as entities in financial services, FinTech, equipment leasing, mortgage, and other industry sectors.
- Assessed compliance with various state remote online notarization laws for mortgage eClosing platforms and electronic signature platforms
- Reviewed and commented on more than 100 legal opinions regarding the origination, perfection, control, collateralization and securitization of digital assets
- Negotiated electronic collateral control agreements with banks and investors holding security interests in vaulted digital assets
- Assisted with the development and legal review of technology platforms for electronic notarization, electronic signature, and/or tokenization of digital assets in connection with the origination, sale, securitization and vaulting of electronic promissory notes, electronic chattel paper or other digital assets
- Reviewed technology platforms for adoption by client in implementation of fully electronic HR onboarding process for disclosures and agreements with employees and contractors
- Drafted an eNotarization technology platform's online terms and conditions for the presentation, execution and remote online notarization of electronic mortgage transactions
- Represented clients in contracting with electronic signature and digital asset vaulting service providers
- J.D., University of Maryland
- B.S., Finance, B.S., International Business, University of Maryland
Phi Beta Kappa
Liz focuses her pro bono practice on maintaining the integrity of the voting process and the right to vote.
- Panelist, "Discussion of Carbon and ESG Tech", Texas State Energy Bar Association, November 3, 2022
- Panelist, “Multi-Jurisdictional Panel on Electronic Signature Issues”, New York State Bar Association Annual Meeting, January 2021
- Speaker, "MBA webinar - Remote Online Notarization State-of-Play, Part Two", Mortgage Banker’s Association, June 2020
- Speaker, "MBA webinar - Remote Online Notarization State-of-Play", Mortgage Banker’s Association, February 2020
- Speaker, "Legalese 101!", MBA/ALTA Digital Closing & eMortgage Bootcamp, December 2019
Liz served as Secretary (2014-2016) and Member – Public Policy Committee (2012-2018) of the Electronic Signature & Records Association, Inc., a trade association advocating the adoption and use of digital transactions and electronic signatures and records across governmental agencies and commercial entities.