News & Analysis as of

Email

Court Adds Some of the Custodians Requested by Plaintiffs to Discovery, But Not All: eDiscovery Case Law

by CloudNine on

In Mann, et al. v. City of Chicago, et al, Nos. 15 CV 9197, 13 CV 4531 (N.D. Ill. Sep. 8, 2017), Illinois Magistrate Judge Mary M. Rowland granted in part and denied in part the plaintiffs’ Motion to Compel the defendant to...more

European Court Rules On Employee Monitoring Programs And Privacy

by Jackson Lewis P.C. on

The Grand Chamber of the European Court of Human Rights (ECHR) issued its decision in the case of Barbulescu v. Romania (application no. 61496/08) on September 5, an appeal from a determination by the Romanian courts...more

A Spam Story - How One Law Firm's Spam Blocker Proved Costly to Them and to Their Client

by Rumberger Kirk & Caldwell on

The Mailbox Rule is a contract law principle concerning acceptance of an offer. The rule relies on the concept that once a party places a legal document in the postal system, it will arrive at its destination and be read by...more

European Court Provides Further Clarity on Employee Monitoring

by BakerHostetler on

The September 5, 2017, decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Barbulescu v Romania (Barbulescu) has interrupted a recent trend toward limiting privacy in the European workplace. The...more

How Much Circumstantial Evidence is Enough for Spoliation Sanctions?

by Exterro, Inc. on

We’ve all heard, “It’s not whether you win or lose, but how you play the game.” But how you play the game is often a big part of ending up on the winning side in e-discovery. In today’s world, it has almost become normal that...more

Google Goes 0 For 2 in its Request for Review of SCA Warrant Cases: eDiscovery Case Law

by CloudNine on

As Tom O’Connor and I discussed last week in our ACEDS webinar Key eDiscovery Case Law Review for First Half of 2017, Google was ordered earlier this year to produce foreign stored emails by judges in California and...more

European Court Says Employers Cannot Monitor Employees' Personal Email Sent on Company Servers

The European Union has taken a substantially different approach than the United States to employee online privacy rights. Upcoming ePrivacy regulations promise to limit employers’ ability to monitor employee electronic...more

Court Grants Lesser Sanctions Against Defendant for Various Discovery Issues: eDiscovery Case Law

by CloudNine on

In New Mexico Oncology v. Presbyterian Healthcare Servs. No. 1:12-cv-00526 MV/GBW (D.N.M. Aug. 16, 2017), New Mexico Magistrate Judge Gregory B. Wormuth, detailing numerous defendant discovery deficiencies alleged by the...more

Employee privacy and monitoring

by Dechert LLP on

The Grand Chamber of the European Court of Human Rights (ECtHR) held in Barbulescu v Romania (Application no. 61496/08) last week that there was a breach of the right to privacy where an employer searched the contents of an...more

IRS Warns of Phishing Email Spoofing IRS and FBI

The Internal Revenue Service (IRS) has issued a warning alerting the public to a new email phishing scam that looks like a joint notice from the IRS and FBI about new tax laws....more

EU Case Confirms That Employers Do Not Have Carte Blanche For Workplace Monitoring

by Reed Smith on

In early 2016, a European Court of Human Rights (ECHR) case (Barbulescu v. Romania) attracted much publicity because it appeared to give employers the green light to read employees’ private emails. The decision in the...more

Dance Like No One is Watching; Email Like it’s Being Read Aloud at your Deposition

“Dance like no one is watching; email like it’s being read aloud at your deposition” This sentiment was passed along this morning by a colleague. It is good to be periodically reminded to be careful with your business and...more

Of Dead Sea Scrolls and Criminal Impersonation

Golb v. Attorney General, No. 16-0452-pr (Jacobs, Leval, Raggi), arises out of unusual facts—forged emails by a proponent of one side of an academic dispute—and reaches an unusual result. On habeas review, the Second Circuit...more

Every Day is Bitcoin Pizza Day: What Clients and Estate Planners Need to Know about Virtual Currency

by Murtha Cullina on

The combined value of all of the 867 crypto currencies tracked by CoinMarketCap.com is presently over $161 billion. Only seven years ago, on what is commemorated as “Bitcoin Pizza Day,” Bitcoin, then a new crypto currency,...more

European Court of Human Rights Overturns Decision on Employee Email Monitoring

by McGuireWoods LLP on

Back in January 2016 Sarah Thompson reported on the European Court of Human Rights (ECHR) which ruled in favour of an employer who had terminated an employee’s employment, after investigating his misuse of a company email...more

Brokers Have To Be Reminded To Avoid Using Personal Emails And Texts

by Fox Rothschild LLP on

Despite numerous warnings, some people just do not get it. The SEC barred a broker from the industry because the broker used personal email and text messages to obtain client investments....more

Phishing in Flood Waters: Avoiding Hurricane Harvey Cyber Risks

by Jackson Walker on

Unfortunately, it is common for cyber criminals to capitalize on natural disasters. The Department of Homeland Security (“DHS”) warns users to exercise caution in handling any email with subject line, attachments, or...more

IRS Issues Urgent Warning to Beware IRS FBI Themed Ransomware Scam

The Internal Revenue Service today warned people to avoid a new phishing scheme that impersonates the IRS and the FBI as part of a ransomware scam to take computer data hostage....more

US-CERT Warns of Potential Hurricane Harvey Phishing Scams

As if the devastating effects of Hurricane Harvey are not bad enough, the United States Computer Emergency Readiness Team (US-CERT) of the Department of Homeland Security is warning of a different threat: falling victim (or...more

Employer’s Accessing of Employee’s Personal Email Account from Company Mobile Phone May Have Violated Stored Communications Act

In Levin v. ImpactOffice LLC, the federal court in Maryland ruled that a former employee’s claim survived a motion to dismiss where she alleged that her former employer violated the Stored Communications Act (“SCA”) when it...more

Day 18 of One Month to More Effective Continuous Improvement-Email Sweeps for Continuous Improvement

by Thomas Fox on

Ongoing monitoring is not limited to the financial component of compliance. Another approach to review emails as both a preventative and detection program through the technique of email sweeps. The concept is straightforward;...more

Off-Duty Emails May Be Compensable (or Not)

by Foley & Lardner LLP on

After living with the reality of after-hours work emails, texts and cell phone calls for so many years, no one should be surprised that the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) requires employers to pay...more

IRS Warns Of Resurgence Of W-2 Email Scams

by Fox Rothschild LLP on

The Internal Revenue Service has issued a renewed warning for tax professionals and businesses to beware of a recent increase in email scams targeting employee Forms W-2. According to the IRS, the W-2 scam – called business...more

Court Holds That Self-Selection Of Emails By Employee Satisfies Discovery Obligations

by Jackson Lewis P.C. on

In Mirmina v. Genpact, LLC, Civil Action No. 3:16-CV-00614 (D. Conn. July 27, 2017), a federal court in an employment discrimination matter denied the plaintiff’s motion to compel discovery, finding that the defendant’s...more

Supreme Court to Review Digital Privacy (Part 2)

by Miles & Stockbridge P.C. on

In our previous installment, we looked at the issues related to Carpenter. That discussion can be found here. Another case involving the Stored Communications Act may also come before the U.S Supreme Court in the...more

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Cybersecurity

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