News & Analysis as of

Electronic Communications Email

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

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

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

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

Hudson Cook, LLP

Technical Violations of State Collection Practices Laws Can Lead to Class Action Liability

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If you are reading this article, you are likely aware that a creditor collecting its own debts in its own name is not a "debt collector" under the federal Fair Debt Collection Practices Act ("FDCPA") or its implementing rule,...more

EDRM - Electronic Discovery Reference Model

June’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published June 18, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

Association of Certified E-Discovery...

Navigating Hyperlinks in eDiscovery: Lessons from the StubHub Refund Litigation

Introduction - Each week on the Case of the Week I choose a recent decision in ediscovery and talk to you about the practical applications of that case and what you need to be thinking about as you conduct discovery of ESI....more

EDRM - Electronic Discovery Reference Model

May’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published May 15, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

Pullman & Comley - School Law

Don’t Press Send: Dangers of E-Mail, the “Inadvertent Meeting” and Updated FOIC Guidance

One of the many worries that I have as a school attorney is when school board members use their e-mail account to discuss board business.  As you may know, such conduct can run afoul of Connecticut’s Freedom of Information...more

Vinson & Elkins LLP

Email Threading: Streamlining Discovery Review

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For years, email has been the dominant form of business communication. The average office worker sends approximately 9,000 to 15,000 emails per year. Multiply 15,000 emails across multiple personnel and multiple years, and...more

Spilman Thomas & Battle, PLLC

When Even Emojis are Evidence: The Importance of Clear Written Communication

People in the workplace communicate more often and via more methods than ever before. Quite often, many of these methods of communication—emails, text messages, and instant messages on platforms like Slack or social media—are...more

Ius Laboris

Email on company account can be ‘private’

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In France, actions taken by an employee in his or her personal life cannot generally be used by the employer to justify a disciplinary dismissal. Dismissal for personal speech or activity can only be justified if it...more

K&L Gates LLP

The SEC Fines Stand-Alone Adviser for Off-Channel Communications

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Overview - On 3 April 2024, the US Securities and Exchange Commission (the SEC) announced the first settlement with a stand-alone registered investment adviser for, among other things, failures to maintain and preserve...more

Hanzo

Part I: Navigating AI Success Metrics – Precision and Recall in Email and Document Analysis

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In our first post, we will dive into the world of email datasets. Emails are a critical component of business communication, and AI plays a significant role in managing, sorting, and even responding to them. We will explore...more

Stokes Wagner

New York Says No to Peeping in Employees’ Electronic Devices

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On September 14, 2023, New York’s Governor, Kathy Hochul, signed Assembly Bill 836 (“A836”) into law which prohibits employers from requesting or requiring access to personal accounts such as texts, emails, and mobile...more

Hanzo

Navigating AI Success Metrics Series

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In the ever-evolving landscape of artificial intelligence (AI), the ability to accurately measure the success of AI applications is paramount. Whether you’re a business leveraging AI for managing legal and investigation...more

EDRM - Electronic Discovery Reference Model

Failure to Show “Intent to Deprive” Leads to Denial of Rule 37(e)(2) Sanctions

A motion for spoliation sanctions under Fed.R.Civ.P. 37(e) was denied in Boshea v. Compass Marketing, Inc., 2024 WL 811468 (D. Md. Feb. 27, 2024). The motion was argued and decided during trial. The suit by a former...more

Cooley LLP

Court Strikes Out Claim Served by Email but Suggests Service Rules Should Be Reviewed

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In Chehaib v. King’s College Hospital NHS Foundation,[1] the High Court of England and Wales dismissed the claimant’s application for relief in respect of a claim form that had expired, having been ineffectively served via...more

Bradley Arant Boult Cummings LLP

Business Email Compromise: The Most Prevalent – and Preventable – Cyber Risk

Ransomware attacks that shut business down to zero and data breaches that disclose the personal information of customers, vendors and employees justifiably strike fear in the hearts of executives everywhere. Organizations can...more

Fisher Phillips

4 Steps to Prepare for Kenya’s Proposed “Right to Disconnect” Law

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Kenya has taken a significant step in addressing the balance between work and personal life by introducing a “right to disconnect” law. The Employment (Amendment) Bill 2022, which is pending before the Kenyan Senate, would...more

Jenner & Block

“Must’ve Never Met Her”: Luke Combs & Personal Service Under Illinois Law

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On December 13, 2023, Variety reported that Luke Combs stated he was “sick to [his] stomach” to learn he won a $250K judgment in Illinois federal court against a Florida woman who earned $380, selling 18 handmade Luke...more

Woods Rogers

Recipients Beware: Trademark Omega Email Marketing Ploy

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Numerous clients are receiving unsolicited emails from a company called Trademark Omega. Future versions may originate from companies with different names. For your protection, we advise you to read the fine print....more

Troutman Pepper

Second Circuit Affirms Dismissal of FDCPA Case Holding Plaintiff Prompted Communication at Issue

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The U.S. Court of Appeals for the Second Circuit issued a summary order affirming a district court’s holding that an emailed response to the plaintiff’s email did not constitute an “initial communication” under the Fair Debt...more

Conn Kavanaugh

You’ve Got Mail: Can Notice Sent by Email Satisfy Requirements to Exercise Options Under a Commercial Lease?

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Our world is increasingly ruled by electronic communications. Text messages, Slack channels, and e-mails are all tools of business today. But what happens when a contract requires written notice by a more formal method? Do...more

Cozen O'Connor

This Director’s Emails Are Out of Control – Case Law Update

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A federal court recently addressed a party’s request for access to the personal email account of the opposing party’s Director of Operations — and found that the requesting party failed to meet its burden of establishing that...more

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