The most significant legal problem with electronic signatures appears to be related to evidentiary rules and who bears the burden to prove that an electronic signature was executed by the party who "owns" the eSignature credentials; see How to Think About Electronic and Digital Signatures A Tutorial From a Litigator's Perspective. The article explains how rules of evidence make it easy to introduce documents as evidence if they are signed with a holographic signature belonging to one of the parties in the case. But when documents are signed with an electronic signature, it may be easy for opposing council to shift the burden of proof that the "owner" of the eSignature credentials actually executed the signature. With holographic signatures there is a common law presumption of attribution from mere ownership, and that presumption may not apply to electronic signatures.
...