Email

News & Analysis as of

Email Marketing Attorneys and the FTC Clash Over and Settle Spam Claims

Last week, email marketing lawyers and the Federal Trade Commission (“FTC”) announced a $500,000.00 settlement between the agency and a company offering weight-loss products which were allegedly marketed via email in...more

California Supreme Court: Government Communications on Private Accounts Are Public

Recent decision points to the original intent of the California Public Records Act in the evolving debate over government transparency. Key Points: ..California Supreme Court rules that emails and text messages sent...more

Defendant Ordered to Reproduce ESI in Native Format, As Originally Requested by Plaintiffs: eDiscovery Case Law

In Morgan Hill Concerned Parents Assoc. v. California Dept. of Education, No. 2:11-cv-3471 KJM AC (E.D. Cal. Feb. 2, 2017), California Magistrate Judge Allison Claire granted the plaintiffs’ motion to compel the defendant to...more

California Public Employees' Personal Accounts May Be Subject to Public Records Act Requests

In City of San Jose v. Superior Court, No. S218066 (Cal. Mar. 2, 2017), the Supreme Court of California decided unanimously that communications made or stored on a public employee's personal account, including emails sent...more

Federal Computer Hacking Laws Apply to Executive's Unauthorized Access to Coworkers' Emails

The federal Computer Fraud and Abuse Act (CFAA) and the Stored Communications Act (SCA) were enacted to protect U.S. businesses and individuals from computer hacking and industrial espionage. In recent years, employers and...more

Have You Been Sued By XMission?

We are witnessing a spike in both federal and state unsolicited commercial email lawsuits across the country. In particular, many suits have been filed in the Utah federal district courts by XMission, L.C. (“XMission”), a...more

Scratching the Surface: The FTC’s Phishing Tips for Victim Companies Are a Good First Step but Companies Should Not Stop There

In one type of phishing, fraudsters impersonate your business when contacting consumers. Phishing victims think they’re giving information to your company — by phone or Internet —but instead give personal or financial...more

“W-2 Phishing Attacks Targeting Businesses to Cash in on Busy Tax Season: 10 Tips to Protect Your Business”

Cyber criminals are taking advantage of tax season to lure valuable W-2 information from vulnerable businesses. An example of a common phishing scheme starts with a scammer posing as a legitimate employee of a company,...more

S.D.N.Y. Litigators Hit Snooze Button, Magistrate Judge Peck Issues Second “Wake-Up Call” for “Every Litigator”

Renowned (e)discovery guru (and I use that term advisedly) Andrew Peck, a U.S. Magistrate Judge for the Southern District of New York, recently issued what he termed a “wake-up call” to the Bar in his District. It was...more

Yahoo Breaches Cost Shareholders $350 Million From Lowered Purchase Price, CEO Forfeits $14 Million in Compensation

Yahoo’s troubles for failing to timely disclose security breaches provides rare insight into quantifying the financial and other costs to a company’s shareholders and leadership when a security breach occurs and is...more

California Supreme Court Rules that Texts and Emails on Personal Devices May Be Considered Public Records

The California Supreme Court recently held in City of San Jose v. Superior Court, California Supreme Court Case No. S218066, that public employees' digital messages existing in private electronic devices (e.g., smartphones...more

Privacy Tip #77 – FTC Offers Tips to Businesses That Have Been Impersonated by Phishing Schemes

On March 6, 2017, the Federal Trade Commission (FTC) released tips and a video to businesses that have been impersonated by Phishing schemes. The guidance, entitled “Has a phishing scam hooked your company’s good name?”...more

"The E-Discovery Digest - March 2017"

The sixth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses. Please see...more

It's W-2 Phishing Season: How to Stop, and Respond to, Tax-Related Identity Fraud Aimed at Your Organization's Employees

HR and payroll professionals nationwide have been, and will continue to be, targeted with e-mails apparently sent by a senior executive but actually sent by scammers who ask for a prompt reply with the 2016 W-2s for all of...more

California Supreme Court: Private Emails Potentially Subject to CPRA

City of San Jose v. Superior Court, 2017 Cal. LEXIS 1607, Docket No. S218066 - Why It Matters: The California Supreme Court unanimously held that government officials may be required to release communications made about...more

Is a Private Email a Public Record? Context Matters!

In deciding last week that communications on public agency employees’ private devices may be subject to disclosure under the Public Records Act, the California Supreme Court included some direction to help make the...more

American Senior Communities Suffers W-2 Scam

W-2 phishing schemes continue to be a problem for companies in every industry. Last week, American Senior Communities based in Indiana announced that one of its employees was scammed through a phishing email and thereafter...more

Phishing Scams Targeting HR and Payroll Are on the Rise this Tax Season

It starts with an e-mail from upper management asking for employee data or payroll records. Wanting to demonstrate that he’s diligent and responsive, a well-meaning HR or payroll person promptly sends off the requested...more

Let's Go Phishing!

Emails, lots and lots of emails, filling our inboxes. Even with the best security and filters, it seems that hackers are simply building better mousetraps. The bigger problem, however, is the trusting nature of individuals...more

Why Courts Should Not Go 'Over and Above' the Federal Rules to Impose Sanctions for Loss of ESI

A recent case offers a cautionary tale of how courts may cite to the requirements of amended Federal Rule of Civil Procedure 37(e), which governs imposing sanctions for failure to preserve electronically stored information...more

Land Court Finds that Texting Can Bind Parties

The Massachusetts Land Court has held that text messages may form a binding contract in connection with the sale of real estate!! While neither punctuation nor colorful texting acronyms can make this decision more noteworthy...more

Cyber Security and Social Engineering: A Big Low Tech Problem

Headline-grabbing cyber hacks of email accounts belonging to celebrities, corporations, government officials and political campaigns are becoming the norm. Cybersecurity intended to guard against these acts brings to mind...more

Jason R. Baron of Drinker Biddle & Reath LLP, Part 2: eDiscovery Trends

This is the fifth of the 2017 Legaltech New York (LTNY) Thought Leader Interview series.  eDiscovery Daily interviewed several thought leaders at LTNY (aka Legalweek) this year to get their observations regarding trends at...more

Chairman Goodlatte Outlines Sweeping Agenda for House Judiciary Committee

With Washington undergoing a transformation the likes of which has not been seen in decades, House Judiciary Committee Chairman Bob Goodlatte recently outlined his committee’s priorities for the 115th Congress. Speaking at an...more

W2 Phishing Scam Hits Citizens Memorial Hospital

We continue to see all industries hit with W2 phishing scams, including the health care industry. Citizens Memorial Hospital, located in Bolivar, Missouri, was hit with the scam when one of its employees believed that an...more

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Cybersecurity

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