David Whitaker

The Legal 500 United States

• Recommended, Fintech (2019-2024)
• Recommended, Commercial Deals & Contracts (2019) 

Chambers FinTech

• Band 3, USA FinTech Legal: Data Protection & Cyber Security (2020-2023)
• Band 2, USA FinTech Legal: Data Protection & Cyber Security (2019)

Additional Awards

• Mortgage Banking Magazine, Mortgage Banking Technology All-Star (2009)
• Electronic Records and Signatures Association, e-SignLive e-Sign Ambassador Award (2014)
• Electronic Records and Signatures Association, Cornerstone Award (2014)
• Electronic Records and Signatures Association, Cornerstone Award (2015)
• Acritas Star Award (2019)

• "Terms of Service Are Instrumental in Determining Rights to Digital Assets – The Holding in Celsius Network LLC," The Computer & Internet Lawyer, May 2023
• "Remote Online Notarization is Here to Stay," American Bar Association, July 23, 2019
• "The Effectiveness of Clickwrap for Legally Enforceable Agreements," DocuSign, March 21, 2019
• "eSignature and ePayment News and Trends," May 2, 2018
• The Law of Electronic Signatures, 2018 Edition, Thomson Reuters
• "Electronic Retail Installment Sales Contracts in California," The Review of Banking & Financial Services, Vol. 33, No.12, December 2017
• "Enabled by Lenders, Embraced by Borrowers, Enforced by the Courts: What You Need to Know About eNotes," MERSCORP Holdings, Inc., September 8, 2017
• "Special Considerations For Perfection Opinions Covering Electronic Chattel Paper As Collateral," Journal of Equipment Lease Financing, Spring 2015
• "Consumer Financial Services Answer Book 2016," Practicing Law Institute, October 1, 2014
• "A Brief Guide to Using Electronic Signatures in Securities Transactions," July 1, 2013
• "Planning for Accessibility when Developing Financial Services Websites and Mobile Apps," American Bar Association Consumer Financial Services, June 20, 2013
• "Federal Regulators Issue Guidance on Social Media and Mobile Privacy," Law Journal Newsletters, April 2013
• "Is Regulatory Uncertainty an Impediment to Mobile Payments?," Payments Journal, January 23, 2013
• "Security Interests in Transferable Records Evidencing Residential Mortgage Lending Transactions and the Rights of Warehouse Lenders: An Analysis and Proposal," October 24, 2007
• "Admission into Evidence of Paper Records Converted to Electronic Form," Consumer Finance Law Quarterly Report, Vol. 60, No. 2, 2006
• "An Overview of Some Rules and Principles for Delivering Consumer Disclosures Electronically," North Carolina Banking Institute Journal, Vol. 7, April 2003
• "SPeRS - Standards and Procedures for electronic Records and Signatures," Electronic Financial Services Council, 2003
• "Emulating Documentary Tokens in an Electronic Environment: Practical Models for Control and Priority of Interests in Transferable Records and Electronic Chattel Paper," The Business Lawyer, Vol. 59, No. 1, 2003 (Contributing author)
• "Rules Under the Uniform Electronic Transactions Act for an Electronic Equivalent to a Negotiable Promissory Note," The Business Lawyer, Vol. 55, No. 1, November 1999
• "Proposed Rules Under the UETA for an Electronic Promissory Note," Banking Policy Report, Vol. 18, No. 8, April 19, 1999
• "Model Positive Pay Services Agreement and Commentary," American Bar Association, 1999 (Contributing author)
• "Electronic Commerce: Avoiding State Law Pitfalls," Electronic Banking Law and Commerce Report, Vol. 3, No. 9, 1999
• "A Lawyer's Take on the Electronic Purse: An Analysis of Commercial Law Issues Associated with Stored-Value Cards and Electronic Money," The Business Lawyer, Vol. 57, No. 2, 1997 (Contributing author)
• "Electronic Cash -- How It Works and Questions About the Rules of the Game," Consumer Finance Law Quarterly Report, Vol. 50, No. 3, 1996
• "Key Issues and Considerations in Drafting Deposit Agreements and Funds Transfer Services Agreements for Financial Institutions," Consumer Finance Law Quarterly Report, Vol. 50, No. 1, 1996
• "Letters of Credit and Electronic Commerce," Idaho Law Review, Vol. 31, No. 3, 1995
• "Model Funds Transfer Services Agreement and Commentary," American Bar Association, 1994 (Contributing author)
• "Special Considerations Related to Joint Deposit Accounts," Consumer Finance Law Quarterly Report, Vol. 47, No. 2, 1993
• "Signed, Sealed and Delivered: EDI and Letters of Credit," EDI FORUM: The Journal of Electronic Data Interchange, Special Edition on EDI Legal and Audit Issues, 1992
• "Electronic Documentary Credits," The Business Lawyer, Vol. 46, 1991
• Oklahoma Comments to Uniform Commercial Code Revised Article 3, Revised Article 4, Article 4A, Revised Article 5 and Revised Article 6 Oklahoma Statutes Annotated, West Publishing, various years

• Speaker, "Comprehending the Tech in Fintech Boot Camp: A Complete Guide for Lawyers and Compliance Professionals on the Technologies Underlying Fintech Payment Systems” at the ACI Fintech and Emerging Payments Conference, May 2, 2018
• Speaker, "E-Signatures and Electronic Loan Documentation in Real Estate Finance: ESIGN and UETA, Interplay With UCC," Strafford Publications Webinar, February 20, 2018
• Speaker, "Building a Foundation of Knowledge: Communicating the Viability of eNotes to Your Legal Team," MERS User Conference, June 20, 2018
• Speaker, "eSignatures, Blockchain and Smart Contracts, Oh My! The New Landscape for Digital Transactions," Clear Law Institute Webinar, May 31, 2018
• Speaker, "Legal and Regulatory Update," Electronic Signatures and Records Association Spring Member's Meeting, May 9, 2018
• Speaker, "An Analysis of Today's Evolving FinTech Landscape: Industry Insights on How the Latest Innovations Are Changing and Disrupting the Financial Services, Alternative Lending and Payments Industries," ACI Emerging Payments Conference, April 30, 2018