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Adrian D’Arcy Authors the Louisiana Chapter of the “50 State Guide to Electronic Execution of the General Indemnity Agreement”

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The American Bar Association’s Fidelity and Surety Law Committee (ABA FSLC) partnered with the Surety & Fidelity Association of America (SFAA) to recently release the “50 State Guide to Electronic Execution of the General Indemnity Agreement.”

Electronically signed General Agreements of Indemnity (GAI) are generally valid and enforceable across all U.S. states under the federal ESIGN Act and state-level laws like the Uniform Electronic Transactions Act. However, specific enforcement hurdles remain depending on state rules for powers of attorney, notarization, and corporate authority. The ABA FSLC and the SFAA tasked attorneys on this topic from each state to put together this excellent state-by-state summary. D’Arcy Vicknair is proud that the Louisiana chapter was authored by Adrian D’Arcy and thanks Editors-in-Chief, David Harris and Scott Williams and associate editors, SFAA General Counsel Julie Alleyne, Maryam (MJ) Robinson, and Zachary Kurtz for all their hard work in bringing this publication to fruition.

For more information on the publication, click here.

“Ethical Considerations When a Surety Tenders Its Defense to Its Principal” by Adrian D’Arcy Featured in Surety Bond Quarterly

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The National Association of Surety Bond Producers (NASBP) recently published the second of a two-part article series authored by Adrian D’Arcy in its Surety Bond Quarterly’s summer 2026 edition, titled “Ethical Considerations When a Surety Tenders Its Defense to Its Principal.”

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From Clans to Contracts: The Irish Roots of Suretyship by Adrian D’Arcy

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When we think of St. Patrick’s Day, we think of shamrocks, parades, and maybe a good stout.  But long before most of the western world adopted the typical revelry associated with St. Patrick’s Day (and Ireland by default), Ireland had provided the world something surprisingly modern: a sophisticated system for guaranteeing promises – – suretyship.

Ancient Ireland operated under Brehon Law, a legal system that functioned for over a thousand years — without prisons, police forces, or centralized enforcement. If one wonders how people in this society made sure debts were paid and contracts were honored? They used sureties.

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Adrian D’Arcy and Ashley Robinson Co-Authored “Electronic Signatures and Indemnity Agreements – Risks with Attorney-in-Fact Provisions” for the Winter 2025 Edition of Surety Bond Quarterly

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Electronic Signatures and Indemnity Agreements – Risks with Attorney-in-Fact Provisions, an article written by Adrian D’Arcy Ashley Robinson was published in the Winter 2025 Edition of Surety Bond Quarterly.

Surety Bond Quarterly is the official, professional magazine of the National Association of Surety Bond Producers, providing industry insights, news, and developments for surety professionals, contractors, project owners, and government officials on surety bonds, construction, and related topics.

Adrian and Ashley discuss how electronic signatures have become prevalent across the United States, discuss the legal structure which facilitates electronic signatures, and detail possible risks associated with indemnity agreements being executed electronically with a focus on issues related to attorney-in-fact provisions.

Click on the thumbnails below to read the article.

 

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Ashley Robinson Co-Authored: Understanding Sureties: Why Do They Do What They Do?, for the ABA’s Construction Lawyer Fall 2025 Magazine, “Managing Expectations”

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D’Arcy Vicknair special counsel, Ashley Robinson, co-authored an article in the American Bar Association’s Constrution Lawyer Fall 2025 Magazine, “Managing Expectations”: “Understanding Sureties: Why Do They Do What They Do?”

Ashley, along with Douglass Wynne Jr., detail how to learn about the risks sureties face when financing principals, their rights to contract funds, and how they can assert defenses related to the obligee’s actions and project specifications.

 

 

Click on the image below to log into the American Bar Association’s website to access the article.

Sureties and Pay-If-Paid Clauses: Balancing Subcontractor Protection with Freedom to Contract, by Adrian D’Arcy and Ashley Robinson

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D’Arcy Vicknair founding partner, Adrian D’Arcy, along with Special Counsel, Ashley Robinson, co-authored an article titled “Sureties and Pay-If-Paid Clauses: Balancing Subcontractor Protection with Freedom to Contract” for the American Bar Association’s Tort Trial and Insurance Practice Section’s magazine, The Brief. Adrian and Ashley used their collective expertise in the field of surety law to delve into pay-if-paid clauses.

 

 

 

 

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