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Bradley Arant Boult Cummings LLP

Merely Copying In-House Counsel Does Not Necessarily Establish Attorney-Client Privilege

Businesses who employ in-house attorneys frequently assume that copying their lawyer on internal communications shields the communications from discovery because of the attorney-client privilege. In 1981, the U.S. Supreme...more

Association of Certified E-Discovery...

How the Failure to Preserve Led to Production of the Legal Hold Notice

In EEOC v. Formel D USA, Inc. (September 12, 2024), the U.S. District Court’s ruling underscored a critical lesson for litigators: failure to preserve electronically stored information (ESI) can lead to severe sanctions,...more

Good2bSocial

How Law Firms Can Benefit from AI-Generated Marketing Content

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Artificial intelligence (AI) has revolutionized content creation, turning what was once a time-consuming task into a smooth, efficient process. With AI tools, marketers can now produce high-quality content faster, allowing...more

Dunlap Bennett & Ludwig PLLC

From Listings To Losses: Understanding Cybersecurity Risks In Real Estate

Your real estate firm is at risk from the growing threat of cybersecurity attacks. The days of retaining hard copies and physical files are increasingly phasing out. In an era where digital transformation is altering the...more

Klein Moynihan Turco LLP

CIPA Email Private Right of Action Cases on the Rise

The surge in consumer privacy claims alleging that the use of third-party tracking technology on websites violates the California Invasion of Privacy Act (“CIPA”) is a topic with which our readers are very familiar. Now, the...more

Association of Certified E-Discovery...

Are Hyperlinked Files the Same as Attachments? A Court Weighs In on eDiscovery Challenges

A recent decision from the Northern District of California, UAB “Planner5D” v. Meta Platforms, Inc. addresses a growing challenge in ediscovery: whether hyperlinked files embedded in emails and other documents are the same as...more

Klein Moynihan Turco LLP

Private Right of Action for California Email Statute Violations

Readers of this blog may recall a prior piece in which we discussed the return of email marketing in the wake of intense regulatory action in the telemarketing space. However, because of Section 17529.5 of the California...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

This can’t work

Saw this in my junk folder, one of the worst follow-ups on an unsolicited sales pitch: “Hi Ary This may be my last email to you (or not.) Kinda sucks tbh because usually people respond. Either they hate me or they adore me or...more

BakerHostetler

[Podcast] AD Nauseam: Email Marketing and the FTC: CAN-SPAM No Longer Canned

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On today’s episode of Ad Nauseam Amy and Daniel have a special guest – Allyson Himelfarb – who is joining their discussion of CAN-SPAM and FTC enforcement of email marketing rules....more

WilmerHale

FTC Penalizes Cloud-Based Physical Security Company for Data Security and CAN-SPAM Violations

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On August 30, the Federal Trade Commission (FTC) entered into a proposed settlement order with cloud-based physical security solutions provider, Verkada Inc. (“Verkada”), settling allegations of data security violations and...more

Array

This Week in eDiscovery: Case Studies on Reasonable Preservation and Hyperlinked Documents

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of September 16-22. Here’s what’s...more

HaystackID

[Webcast Transcript] 6 AI Workflows to Enhance ESI Discovery

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Editor’s Note: In a recent HaystackID webcast, legal professionals explored how HaystackID® Core Intelligence AI™ and its generative AI (GenAI) features can reshape electronically stored information (ESI) discovery. Moderated...more

Bradley Arant Boult Cummings LLP

Does Your Cyber Insurance Cover Social Engineering Fraud?

Most policyholders are aware of the danger of losses from fraudulent instructions and invoices accomplished through what is known as “social engineering” or related methods. Often this is carried out by an email claiming to...more

Omnizant

Welcome Emails 101

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How strong is your virtual handshake? Your firm’s welcome email is basically your virtual handshake, so let’s make sure it’s rock solid. Welcome Emails 101: Say it simply, set their expectations, and add value. Most...more

Stoel Rives LLP

Document Preservation, Collection and Production Obligations

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Whether a construction dispute is subject to arbitration or court litigation, the parties to the dispute will most likely engage in a process to exchange their project files, project-related emails, and a myriad of other...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

Jackson Lewis P.C.

Failure to Safeguard, Two Cyber Intrusions, and an $850,000 SEC Settlement

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Virtually all organizations have an obligation to safeguard their personal data against unauthorized access or use. Failure to comply with such obligations can lead to significant financial and reputational harm. In a...more

Thomas Fox - Compliance Evangelist

Tone at the Top Week: Part 3-Email as a Strategic Compliance Tool

We continue our exploration of how CEOs and senior executives are uniquely positioned to drive home the importance of ethical behavior and adherence to compliance regulations. Today, we consider the humble email and how it...more

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

German Federal Labor Court Ruling Facilitates Presentation of Evidence When Notice of Termination Is Served by Registered Mail

Germany’s Federal Labor Court (Das Bundesarbeitsgericht (BAG)) recently held that there is prima facie evidence that a so-called registered letter is generally posted in the mailbox within the usual local mail delivery times....more

BakerHostetler

We Talkin’ About Security. Or Are We? Another Look at the FTC’s Recent Settlement with Security Firm Verkada

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As we wrote about last week, the Federal Trade Commission (FTC) recently announced that it had entered a proposed settlement with video equipment surveillance company Verkada over the company’s alleged security failures....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

Cimplifi

Cracking the Code on Modern Attachments in eDiscovery

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Modern attachments, in Google Workspaces and Microsoft Office, have long posed significant challenges in eDiscovery. They are not actual files attached to an email or message but are links pointing to files stored elsewhere....more

Proskauer on Privacy

Privacy Class Action Spotlight: Surge of Privacy Class Actions in Arizona Targeting Email Pixel Tracking

Proskauer on Privacy on

There has been a recent surge of privacy class action lawsuits under the Arizona Telephone, Utility, and Communication Service Records Act targeting the use of common email marketing analytics technologies. Defendants are...more

Bricker Graydon LLP

Scammers, SSNs, and Smelling Funny

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I was hanging out with my friend this weekend, both catching up on emails from a coffee shop. After a while, he turned to me. “Well sh*t. Looks like my social security number might be on the dark web.”...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

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