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Electronic Communications

Ius Laboris

Can Digital Dismissal Satisfy ‘Written Notice’ Requirements?

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New workplace technologies are influencing the ways in which dismissals are communicated. But under what conditions is it legitimate to use these ‘alternative’ communication methods?...more

Seyfarth Shaw LLP

Tracking Users’ Web Browsing Activity Does Not Constitute Illegal Wiretapping under Massachusetts Law

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In a significant decision for website operators, the Massachusetts Supreme Judicial Court clarified that tracking users’ web activity does not constitute illegal wiretapping under the state’s Wiretap Act. The court found that...more

Katten Muchin Rosenman LLP

Answer Your Lawyer's Emails

A recent opinion of the D.C. Court of Appeals is, on the surface, about procedural doctrines on service of process and court notices. But the case also teaches a simpler lesson: Answer your lawyer’s emails....more

Wiley Rein LLP

Massachusetts Supreme Judicial Court Holds that State’s Wiretap Act Does Not Apply to Website Browsing Tracking Claims

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The Supreme Judicial Court of Massachusetts (the “SJC”) has held that the state’s wiretap act does not prohibit the tracking of a person’s browsing of and interaction with published information on websites. On behalf of...more

McDermott Will & Emery

Langfristige Gewerberaummietverträge – ein Labyrinth aus Formvorschriften

McDermott Will & Emery on

Was unterscheidet gesetzliche und gewillkürte Schriftform, elektronische Form, Textform und telekommunikative Übermittlung? Das gesetzliche Schriftformerfordernis für langfristige Gewerberaummietverträge wird von vielen...more

BakerHostetler

Deeper Dive: Preserving Ephemeral Messaging - Capture Data Before Its Ghosts Haunt Your Compliance

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Organizations whose mantra is “We just never delete anything” (i.e., organizations simply retaining all information indefinitely) are now facing headwinds, especially when the information contains personal information. As our...more

Holland & Knight LLP

The Future for AI Usage in California Healthcare Hinges on Governor's Indication of State Limits

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With the surge of artificial intelligence (AI) development in recent years, state legislatures, including California's, have contemplated how to balance patient safety and quality of care with the need for and expectation of...more

Seward & Kissel LLP

Continued SEC Enforcement Actions Relating to Off Channel Communications

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Who may be interested: Registered Investment Advisers, Registered Investment Companies, Compliance Staff - Quick Take: The SEC recently announced a number of additional enforcement actions relating to recordkeeping...more

Fox Rothschild LLP

Generative AI and California Health Care Facilities: What You Need to Know about AB 3030

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Governor Gavin Newsom recently signed AB 3030, a California bill intended to regulate the use of generative AI by health care facilities in the state. This is some of what we are discussing with our healthcare clients: Who...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Whistleblower Update: SEC, DOJ Still Focusing on Employment Agreements and Written Policies, Off-Channel Communications

The U.S. Securities and Exchange Commission (SEC) brought more actions targeting regulated entities for recordkeeping violations related to employees using noncompany communications platforms, and both the SEC and the U.S....more

McGuireWoods LLP

The Surprising Danger of Including a Spouse on Email Communications

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Most lawyers know that state statutes or common law doctrines often protect communications between spouses – although there is wide variation in such approaches. But there is a lurking danger that all of us should keep in...more

BakerHostetler

Antitrust Sanctions: The Duty to Preserve Chats

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On August 5, 2024, District Judge Amit P. Mehta (U.S. District Court, District of Columbia) ruled in United States v. Google LLC that Google violated §2 of the Sherman Act by monopolizing the internet search engine market....more

BCLP

Navigating a Security Incident - Communication “Dos” and “Don’ts”

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Communication during a data breach is challenging in the best of circumstances, and control of information, especially early in a breach response, is critical. Below are some DOs and DON’Ts for communicating during a data...more

Seward & Kissel LLP

SEC Enforcement Action Rundown

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Who may be interested: Registered Investment Advisers, Registered Investment Companies, Compliance Staff - Quick Take: The SEC recently announced a number of enforcement actions relating to recordkeeping failures,...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

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Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more

Lowenstein Sandler LLP

Another Wave of SEC Settlements Underscore the Continued Priority of Record Retention Communication Compliance

On August 14, 2024, the U.S. Securities and Exchange Commission (SEC) announced another series of settlements regarding “off-channel communications.”1 As part of its Off-Channel Communications Initiative,2 the SEC settled...more

Paul Hastings LLP

Federal Court Offers New Perspective on CIPA Interpretation

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We continue to learn more about the courts’ perspective on claims under the California Information Privacy Act (“CIPA”). Last month, in Moody v. C2 Educational Systems Inc., the U.S. District Court for the Central District of...more

BakerHostetler

Data Security, Commercial Email and Employee Reviews Walk into a Bar...

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Sorry folks, there is no punchline here, but there are bottom lines from a settlement the Federal Trade Commission (FTC) announced last week. We discuss three today: (1) the FTC continues to mount broad investigations and...more

BCLP

SEC Enforcement Sweep Regarding Off-Channel Communications Nets 26 More Settlements and Over $390 Million in Civil Penalties

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On August 14, 2024 the U.S. Securities and Exchange Commission (the “SEC”) announced settled charges against 26 SEC-registered investment advisers, broker-dealers and dually-registered broker-dealers and investment advisers...more

Association of Certified E-Discovery...

eDiscovery Lessons for In-House Counsel: A Case Study in What Not to Do

In the complex world of eDiscovery, the responsibilities of in-house counsel are more critical than ever. The stakes are high, and the consequences of missteps can be severe, as highlighted in this week’s Case of the Week. In...more

White & Case LLP

SEC Continues Focus on Off-Channel Communications

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On August 14, the U.S. Securities and Exchange Commission (“SEC”) announced yet another wave of enforcement actions related to widespread “off-channel communications,” charging an additional 26 firms with failing to maintain...more

Sullivan & Worcester

SEC and CFTC Continue Their Lucrative Pursuits of Penalizing Unapproved Communication Methods

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SEC's and CFTC's Enforcement Actions Against Multiple Firms - In its continued pursuit of rooting out and penalizing broker-dealers and investment advisers for their failure to prevent unapproved communication methods, the...more

Alston & Bird

SEC and CFTC Rake In $474 Million in Fines for Off-Channel Communications, Rewarding Registrants That Self-Disclosed

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Two and a half years after the first major settlement with some of the world’s largest financial institutions, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) persist in their...more

Association of Certified E-Discovery...

Maybe Next Time Google Should Google “Legal Hold”

Six Simple Steps to Avoid Sanctions for Failure to Preserve Electronic Evidence - I’m not a lawyer, and far be it for me to give legal advice, but I’ve lived and worked around lawyers for all of my professional legal career,...more

DLA Piper

Gone in a Flash: Unravelling the Mystery of Ephemeral Messaging

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Imagine a modern-day meeting room in a bustling corporate office, where executives and employees alike converse in hushed tones, no notes or minutes are taken, and their words disappear almost as quickly as they are spoken....more

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