News & Analysis as of

Electronic Records

OSHA Delays Electronic Recordkeeping Compliance Date

by Nexsen Pruet, PLLC on

Last week, the Occupational Safety and Health Administration announced that it intends to delay for an unknown period of time the initial compliance deadline for electronic submission of injury and illness recordkeeping...more

OSHA Announces Delay To Electronic Recordkeeping Rule - Scheduled Implementation Date Of July 1 Is Now Off The Table

by Fisher Phillips on

Employers will be relieved, at least temporarily, of the requirement to file injury information through an electronic recordkeeping system that was scheduled to take effect this July 1. The Occupational Safety and Health...more

Client Alert: Florida Passes the Florida Fiduciary Access to Digital Assets Act

The Florida Fiduciary Access to Digital Assets Act (the “Act”) took effect as of July 1, 2016. The digital world is growing at an exponential rate. The Act provides much needed guidance for digital asset owners of how they...more

Bridging the Week - January 2017

Jon Corzine Agrees to US $5 Million Fine and Registration Ban to Settle CFTC Charges Related to Collapse of MF Global; Edith O’Brien to Pay US $500,000: Jon Corzine agreed to resolve charges brought by the Commodity Futures...more

Public Bodies Not Required to Create New Records to Respond to FOIA Request

by Franczek Radelet P.C. on

The Second District Appellate Court recently addressed the question of when an electronic record is a public record subject to FOIA and when a public agency is required to release information from an electronic database. In...more

Employees Behaving Badly – Ten Signs (S)He’s Just Not Into You

by Conduent on

There are many computer behaviors which, in a certain light, might suggest that an employee is skimming the accounts, paying bribes, pushing deals to friends or relatives, or planning to steal company IP to compete with them....more

Louisiana’s New Telemedicine Law Opens Doors, Removes Barriers

by Foley & Lardner LLP on

Louisiana’s governor signed into law, HB 570, (the “Act”), eliminating a prior requirement that physicians practicing telemedicine maintain an office in Louisiana or contract with in-state providers. The Act also changes the...more

High Court Adopts Out-Of-District Electronic Searches

by McGuireWoods LLP on

By letter to House Speaker Paul Ryan on April 28, 2016, the Supreme Court adopted two significant amendments to Rule 41 of the Federal Rules of Criminal Procedure–the rule governing search and seizure. The amendments, if...more

Revised Uniform Fiduciary Access to Digital Accounts Act Adopted by Four States

by Dorsey & Whitney LLP on

With the shift from traditional hard copy paper documents towards electronic records stored Cloud Computing-based software and services (e.g., iCloud, Dropbox, Google Drive, etc.), access to and use of digital assets by...more

Discovery Obligations – Preservation

by Bennett Jones LLP on

The existence of litigation or an administrative investigation creates unique obligations for a party with respect to its documents, both paper and electronic. The term “document” includes virtually any form of recorded...more

California Passes Life and Annuity Electronic Transactions Law

by Carlton Fields on

On January 1, 2016, Section 38.6 of the California Insurance Code will take effect permitting consumers to conduct certain life, disability, and annuity transactions electronically. The new law attempts to meet California...more

Electronic Bookmarking Soon to be Required for Briefs Filed with the New York Commercial Division

by Kelley Drye & Warren LLP on

Harried litigators scrambling to file papers in New York’s Commercial Division soon will have one more task to add to their pre-filing checklist: electronic bookmarking. Starting next month, each electronically-submitted...more

USPTO Revises Rules to Facilitate Access to Applications and File Contents by Foreign IP Offices

In a notice published earlier this week in the Federal Register (80 Fed. Reg. 65649), the U.S. Patent and Trademark Office issued a final rule revising the rules of practice to permit applicants to authorize the USPTO to give...more

California Enacts CalECPA, Requiring a Search Warrant to Obtain or Access Users’ Electronic Information

by Goodwin on

On Thursday, October 8, 2015, California Governor Jerry Brown signed into law the Electronic Communications Privacy Act (the “California ECPA”). This legislation, which takes effect on January 1, 2015, has been heralded by...more

Bitcoin Week in Review – 08.06.15 – 08.13.15

by Perkins Coie on

Vermont. Early this month, Vermont’s governor formally asked a broad coalition of stakeholders to consider whether blockchain technology could be used to help manage state records. While still in its investigative stage,...more

Web Based Surveillance Reports

In a regulatory circular to Trading Permit Holders (TPHs), the Chicago Board Options Exchange (CBOE) announced that as of August 10 it has made the Book Trade Through Surveillance Reports available to TPHs on its Web Based...more

Liberalization of Louisiana Foreclosure Law: Cat on a Hot Tin Roof

by Baker Donelson on

Legislation liberalizing Louisiana foreclosure law was signed by Louisiana’s governor on June 5. House Bill 697 becomes effective on August 1, 2015. One particular area where lenders strive to use technology involves...more

PIPEDA Amendments In-Force

by Dentons on

Amendments to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) are frequently proposed but just as frequently die on the order paper. Bill S-4, which proposed the most significant amendments to...more

Dawn raids under scrutiny again by European Human Rights Court

by White & Case LLP on

ECtHR rules that French dawn raids in Vinci/GTM case breached fundamental rights - The European Court of Human Rights (the “ECtHR”) has ruled in the Vinci case that the circumstances surrounding the electronic removal of...more

8 Things Healthcare Providers Should Know About E-Signatures

by McGuireWoods LLP on

Electronic signatures can be legally valid to execute documents that require written signatures, and electronic documents can be legally valid when applicable laws require documents to be in writing....more

Electronic Distribution of Prescribing Information for Prescription Drugs & Biologicals

by Reed Smith on

The FDA published a proposed rule on December 18, 2014 that would require electronic distribution of the prescribing information intended for health care professionals, which is currently distributed in paper form on or...more

Iowa Plans for Digital Driver’s License

by McGuireWoods LLP on

The Des Moines Register reports that the Iowa Department of Transportation is developing a smart phone app that will act as an officially issued driver’s license. ...more

To Catch an E-Thief — Under Federal Property Law

by Dorsey & Whitney LLP on

As businesses move away from paper documents, courts are poised to broaden ‘conversion’ definition. The fundamental shift for busi­nesses in the past 15 years from paper documents to computer data has forced the courts...more

Business Litigation Alert: "What You Don't Keep Can Hurt You"

by Porter Hedges LLP on

A recent Texas Supreme Court decision has important implications for the policies companies follow in Texas to avoid accusations that they have tampered with evidence or destroyed records improperly. The Supreme Court...more

Massachusetts High Court Permits Compelled Decryption of Seized Digital Evidence

Today, in Commonwealth v. Gelfgatt, No. SJC-11358 (Mass. June 25, 2014), a divided Massachusetts Supreme Judicial Court held that under certain circumstances, a court may compel a criminal defendant to provide the password to...more

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Cybersecurity

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