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Foodman CPAs & Advisors

CTA Fraud Alert From FinCEN

FinCEN has learned of fraudulent attempts to solicit information from individuals and entities who may be subject to reporting requirements under the Corporate Transparency Act (CTA). Scammers are on the hunt to steal...more

Kelley Drye & Warren LLP

New Gmail Marketing Requirements Will Impact Most Advertisers

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This month, Google announced that it would soon implement new requirements for ​“bulk senders” – defined as senders who send more than 5,000 messages to Gmail addresses in one day – that will likely impact most companies that...more

Fenwick & West LLP

Remember the CAN-SPAM Act? The FTC Does. Practical Takeaways from the FTC’s Recent CAN-SPAM Enforcement Action

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On August 14, 2023, the U.S. Department of Justice and the Federal Trade Commission (FTC) entered a stipulated settlement with Experian Consumer Services to resolve allegations that Experian violated the Controlling the...more

Holland & Hart LLP

Utah's New Commercial Email Act: A Warning to Businesses Engaged in Internet Marketing

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All businesses who advertise their services or products through any form of email marketing have a new worry: a new Utah state law providing for sweeping remedies and a private right of action that can result in...more

Dechert LLP

Bankruptcy Court Approves Service of Subpoenas Via Email and Twitter

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In the Chapter 15 case of Three Arrows Capital, Ltd., the Bankruptcy Court for the Southern District of New York recently held that Rule 45 of the Federal Rule of Civil Procedure (“Rule 45”) authorizes service of subpoenas to...more

Wiley Rein LLP

Court Holds Social Engineering Fraud Does Not Trigger Computer Fraud Coverage

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The United States District Court for the District of Minnesota, applying Minnesota law, has held that an insured’s loss resulting from the insured’s payment of fraudulent invoices received from a bad actor who hacked into the...more

Orrick, Herrington & Sutcliffe LLP

Five Document Management Steps to Protect an Emerging Company’s Future

Focused on getting their businesses in a position to thrive, few emerging companies think about how documents and document management policies can cause significant future litigation exposure. We have found that emails, IMs,...more

Woodruff Sawyer

Outside Director Communications: Maximizing the Potential to Protect Attorney-Client Privilege

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Email communications can be a trap for unwary independent directors. The December 2020 In re WeWork Litigation decision illustrates the point, as discussed in this earlier blog. Specifically, directors who often use corporate...more

Carlton Fields

Federal Court Rules “Unauthorized Network Access Exclusion” Precludes Coverage for $1.3M Payment From Hacker’s Fraudulent Email

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The U.S. District Court for the Eastern District of Pennsylvania ruled that an insurance policy issued by Federal Insurance Co. excluded coverage for the transmission of $1.3 million by the insured in response to an email...more

Bradley Arant Boult Cummings LLP

You Have Mail (Better Read It): District Court Finds EEOC 90-Day Deadline Starts When Email Received

If a letter from the EEOC is in your virtual mailbox but you never open it, have you received it? Most of us are familiar with the requirement that a claimant who files an EEOC charge has 90 days to file a lawsuit after...more

Husch Blackwell LLP

With Electronic Proposals, Sometimes Even On-time Submissions Can Be Late

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Punctual people often live by the maxim: “If you’re early, you’re on time. If you’re on time, you’re late.” When submitting electronic proposals under FAR 52.212-1, those are words to live by....more

Carlton Fields

Fifth Circuit Affirms Finding of No Coverage for Phished Funds Never “Held” by Insured

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As we previously reported, in February 2021, a Texas federal court ruled that RealPage Inc. was not entitled to insurance coverage for funds diverted in an email phishing scheme because RealPage did not “hold” the diverted...more

Amundsen Davis LLC

New FDCPA Rules Are Now in Effect: Is Your Company Compliant?

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The Consumer Financial Protection Bureau (CFPB) recently implemented a new set of rules applicable to collections agencies and others qualifying as “debt collectors” under the FDCPA. These rules, which appear within the...more

Fox Rothschild LLP

Pain and Suffering for a Data Breach? German Court Issues First Decision of Its Kind in Europe.

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A German Court has ordered pain and suffering damages as a result of a data breach, the first decision of its kind in Europe. According to the judgment, Scalable Capital has to pay the plaintiff, represented by consumer...more

Skadden, Arps, Slate, Meagher & Flom LLP

Law Governing Attorney-Client Privilege for Emails Hosted on Noncompany Servers Continues To Evolve in Delaware

Delaware Rule of Evidence 502(b) codifies the attorney-client privilege and insulates from discovery “confidential communications made for the purpose of facilitating the rendition of professional legal services to the...more

Allen Matkins

Is Emailing Mailing?

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Although the first email was reportedly sent four years before the enactment in 1975 of the California General Corporation Law,  the GCL has only a handful of references to "electronic mail" (Sections 118, 1502 and 2117). ...more

Wilson Sonsini Goodrich & Rosati

Delaware Court of Chancery Addresses Outside Director’s Use of Another Entity’s Email Account for Board Communications

The Delaware Court of Chancery recently addressed whether an outside director’s use of another entity’s email account would require the director to turn over emails from that account in stockholder litigation relating to his...more

Bond Schoeneck & King PLLC

You’ve Got Acceptance! First Department Holds That Email Containing Attorney’s Signature Block Constitutes a Signed Settlement 

Email communication between attorneys has been the norm for some time now, but courts are still grappling with circumstances when an email constitutes an offer or acceptance of a settlement agreement. A recent First...more

Proskauer - Minding Your Business

More Lessons Learned from Theranos: Ensuring Privilege Protections

The prosecution of Elizabeth Holmes, founder of the infamous healthcare and life sciences company, Theranos, Inc., has sparked media attention around the country. With just a few months before trial is slated to begin, Holmes...more

Baker Donelson

Rethink How You Communicate with Outside Directors: Certain Communications May Not Be Protected

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A recent decision from the Delaware Court of Chancery is changing how companies communicate confidential information to outside directors. In In re WeWork Litigation, C.A. No. 2020-0258-AGB, a discovery dispute arose within...more

BCLP

Court ruling highlights confidentiality risks for non-employee directors who use outside email addresses

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A recent decision by the Delaware Court of Chancery highlights risks for outside directors in using third-party email systems when communicating about confidential company matters. In that case, the court ruled that...more

Jones Day

Delaware Court Ruling Raises Privilege Concerns for Communications With Outside Directors

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The Situation: Use by outside directors of non-company email accounts or other non-secure platforms to conduct board business risks waiver of the board's privilege. Even if the privilege is maintained, use of such an account...more

Fenwick & West LLP

Delaware Chancery Court Rules That Fiduciary’s Use of Email Account Provided by Separate Employer Destroys Privilege

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On December 22, 2020, in litigation between WeWork and the Softbank Group, the Delaware Court of Chancery determined that the Softbank Group must hand over several dozen otherwise privileged emails because two SoftBank...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Trans Fat and Stolen Emails

This week, we take a look at one Ninth Circuit decision addressing the difficult Article III issues that arise in certain types of consumer class actions, and another in which the Ninth Circuit examined the application of the...more

Farrell Fritz, P.C.

Spoliation Of Evidence: When A Litigation Hold Is No Longer Privileged

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In New York, it is widely recognized that the duty to preserve documents arises once a party “reasonably anticipates litigation” (see Voom HD Holdings LLC v EchoStar Satellite, 93 AD3d 33, 41-42 [1st Dept 2012]). And so,...more

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