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The Failure to Issue a Legal Hold Can Cause a Case to Crash and Burn

Bruner v. Am. Honda Motor Co., No. 1:15-00499-N, 2016 U.S. Dist. LEXIS 62810 (S.D. Ala. May 12, 2016). Where a defendant had never initiated a legal hold and had been continuously deleting e-mails since litigation began,...more

Want Sanctions? Establish That Relevant Information Was Actually Lost

FiTeq, Inc. v. Venture Corp., No. 13-cv-01946-BLF, 2016 WL 1701794 (N.D. Cal. Apr. 28, 2016). In an order disposing of eleven motions in limine, the court denied the plaintiff’s request for sanctions from alleged...more

What Attorneys Can Learn from History’s Largest Data Breach

On April 3, 2016, the public learned that millions of client documents from the Panamanian law firm and corporate services provider Mossack Fonseca & Co. (MF) had made their way to an international organization, the...more

Cybersecurity and Data Privacy: FBI Issues Public Service Announcement About Recent E-Mail Scam Targeting Businesses (6/16)

On June 14, 2016, the Federal Bureau of Investigation (FBI) issued a public service announcement relating to a recent surge in ‘business e-mail compromise’ (BEC) scams, which are sophisticated scams that target businesses...more

Sanctions Implemented After Party Fails to Preserve Emails (California)

Mathew Enter. v. Chrysler Grp. LLC, No. 13-cv-04236-BLF, 2016 U.S. Dist. LEXIS 67561 (N.D. Cal. May 23, 2016) - In this price discrimination case, the plaintiff’s internal and external emails concerning its dealership...more

Happy Times, High Crimes and Misdemeanors (Silicon Valley – Episode 25)

In this week’s episode of Silicon Valley, Richard enjoyed an unprecedented run of success, culminating with the official launch of Pied Piper’s platform. Richard has suffered so many setbacks, it’s little wonder he is...more

Party’s Failure to Specify Objection in Refusing Discovery Request Results in Compelled Discovery (Pennsylvania)

Heller's Gas, Inc. v. Int'l Ins. Co. of Hannover Ltd., 2016 U.S. Dist. LEXIS 71069 (M.D. Pa. June 1, 2016) - In this insurance law case, the defendants moved the court to compel the plaintiff to produce “more complete...more

Traps for the Unwary: Text Messages, Authorized Agents, and Binding Letters of Intent

A recent Land Court decision strongly suggests that sellers should proceed with caution when negotiating real estate transactions via email and text messages. In determining whether a contract was formed between two companies...more

See You In Court - June 2016

Given the chronic underfunding of education in Nutmeg by the Board of Finance and its irascible Chairperson, Seymour Dollars, the Nutmeg Board of Education has had to be careful in its spending on discretionary issues,...more

Social Links: The rise of social news; how technology hijacks our attention; are websites a dying business?

In a fascinating, must-read article, a Google design ethicist explains the techniques that engineers and entrepreneurs employ to keep us hooked on the web. A majority of U.S. adults—62%—now get their news on social...more

Banning Employee E-Mailing?

“Everything in moderation,” I’m always saying. Exercise, TV, French fries. Well, I tend to moderate my exercise a tad more than my French fries, but I digress. What about technology? Social media? Those who know me know that...more

Court Declines to Decide Whether ERISA Protects Employee From Reprisal For Informal Complaint

A federal court in Missouri was asked to determine whether a former employee proved a viable claim for retaliation under ERISA Section 510 by virtue of being terminated after she sent emails disparaging the company’s owner...more

Are emails sent at work private?

In Garamukanwa v. Solent NHS Trust [2015], the EAT has upheld a finding that Article 8 of the European Convention on Human Rights was not engaged where an employer had used material during a disciplinary hearing that was...more

Vive Les Email Liberte! French Law Locks Down Weekend Communications with Employees

In an effort to combat work-related burnout, the French government has a new labor law requiring employers with at least 50 employees to adopt written policies restricting the hours during which employees can send or receive...more

Milwaukee Bucks become latest victim to w-2 phishing scheme

We have been repeatedly warning our clients and readers about the massive and successful W-2 phishing schemes where hackers impersonate the CEO or CFO and send emails to payroll and/or HR folks in companies requesting W-2...more

Right to Privacy in Disciplinary Proceedings

In Garamukanwa v Solent NHS Trust UKEAT/0245/15, the Employment Appeal Tribunal (EAT) considered whether an employee had a reasonable expectation of privacy in respect of material on his mobile phone during disciplinary...more

Office of the Privacy Commissioner announces first investigation under the address harvesting provisions

Last week, the Office of the Privacy Commissioner (OPC) announced its report of findings against Compu-Finder, a Quebec-based company that offers face-to-face professional training courses....more

Bring on the Chain Mail: NLRB Strikes Down Another Facially Neutral Email Use Policy

A National Labor Relations Board (NLRB) judge has struck down Caesar’s Entertainment Corporation’s policy that prohibited employees’ using the company email system to distribute “nonbusiness” information. Why, you ask?...more

Health Care Employees at the Frontline in The Battle Against Ransomware

As recent noteworthy attacks have shown, no health care organization or provider is safe from ransomware threats, and the results of an attack can be devastating. Ransomware is a virus which limits or eliminates access to...more

Germany Issues Privacy Guidelines for Employer Access to Employee Email and Internet Use

Can employers look at the company email accounts of employees, such as when they do not show up to work? Can employers monitor employee Internet use during working hours? Can employers read employee emails if they use the...more

TechConnect - Your Law Firm Link to Industry News - May 2016

Letter from the Editors - Dear Readers, There is an ancient Chinese proverb that goes like this: When the wind changes direction, there are those that build walls and there are those that build windmills. In the...more

Court Holds High Bar for Imposing Sanctions under Rule 37(e) (Texas)

Orchestratehr, Inc. v. Trombetta, 2016 WL 1555784 (N.D. Tex. Apr. 18, 2016) - In this case regarding a non-compete agreement, plaintiffs motioned for sanctions against one of the defendants for deleting emails which they...more

German Federal Supreme Court prohibits unsolicited advertising in signatures of automated B2C email replies confirming receipt of...

In a judgment dated 15 December 2015, case no VI ZR 134/15, (“Judgment”) the German Federal Supreme Court (“FSC”; Bundesgerichtshof – BGH) confirmed that an electronic mailbox held by a consumer shall be covered by the...more

No Expectation of Privacy in Relation to Workplace Emails and Evidence Seized by the Police in the UK

In the recent case of Garamukanwa v Solent NHS Trust the UK Employment Appeal Tribunal ("EAT") held that the Claimant, Mr Garamukanwa, had no reasonable expectation of privacy in respect of emails sent to a work colleague...more

Litigants Need to Prove Existence of Missing Data for FRCP 37(e) Sanctions California

FiTeq Inc. v. Venture Corp., 2016 WL 1701794 (N.D. Cal. Apr. 28, 2016) - In this contract law case, the plaintiff moved for sanctions against the defendant for failing to produce emails related to the litigation. Namely,...more

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