News & Analysis as of

Electronic Communications

Defense Security Service Puts Phone Log Requirement on Hold

by Holland & Knight LLP on

The Defense Security Service (DSS) on Nov. 8, 2017, issued a Memorandum for Cleared Companies Operating Under Foreign Ownership, Control or Influence Mitigation Agreements Administered by the Defense Security Service. The new...more

The First and Second Departments Split on What is Considered “Documentary Evidence” on a Motion to Dismiss Under CPLR 3211(a)(1)

CPLR 3211(a)(1) allows a defendant to “move for judgment dismissing one or more causes of action asserted against him on the ground that . . . a defense is founded upon documentary evidence.” The CPLR does not define the...more

Practical Reminder: Personal Email Is Discoverable

by SmithAmundsen LLC on

Last week, a federal judge presiding over a sex discrimination case ordered several members of management to search their personal email accounts and turn over all relevant information. The ruling serves as a reminder of the...more

EEOC’s Online Filing Tool For The Public Is Now Fully Operational

by Fisher Phillips on

The latest tool that can be used against employers is now fully operational. The Equal Employment Opportunity Commission’s (EEOC’s) online filing portal, or Public Portal, which was tested in five cities over the past six...more

UPDATE: Blurring The Line Between Foreign and Domestic: The Expansion of Search Warrant Powers Overseas

by Farella Braun + Martel LLP on

The fight over whether the government may access the data of companies and individuals that is stored overseas has officially made its way to the U.S. Supreme Court. On October 16, the Supreme Court agreed to review the...more

Houston Court of Appeals Finds Pre-PSA Emails Created Binding Contract

by Winstead PC on

The use of email in modern transactions is pervasive. Few negotiating parties consider, however, the possibility that those emails may create a binding obligation when the transaction requires finalization through a formal...more

Investment Management Special Report - 2017-18 Compliance Developments & Calendar for Private Fund Advisers

Introduction - Despite an anticipated de-regulatory push, there are significant new regulatory concerns for investment advisers to address in connection with their annual review of their compliance manuals....more

Teleworking in Europe and Personal Data Protection

by Bryan Cave on

The development of teleworking in Europe has increased the requirement for the protection of personal data. If those two subjects are complementary, they shall not overshadow the other aspects of working relationships’...more

[Webinar] Lessons Learned from Recent eDiscovery Disasters - October 25th, 12:00pm CT

by CloudNine on

The recent eDiscovery failures at Wells Fargo and at the Department of Justice show that eDiscovery mistakes and failures happen even at the largest corporations and government agencies. This CLE-approved* webcast will...more

Workplace Communications Policy Can Limit Later Discovery Burdens

Any employer that has been the subject of e-discovery requests can attest to the difficulty and expense encountered when compiling and producing company electronic communications. These burdens have been further exacerbated...more

European Court Limits Workplace Email Monitoring

by Littler on

In its recent Grand Chamber judgment, the European Court of Human Rights held that employers can monitor an employee's email only if they provide advance notice. By a vote of 11-6, the Court found that failure to provide such...more

Amendments to the Zambian Electronic and Postal Communications Act

by Dentons on

The Electronic and Postal Communications Act, Cap 306 (Act No. 3 of 2010) (EPOCA) came into force in June 2010. EPOCA repealed the Broadcasting Services Act, 1993 and the Tanzania Communications Act, 1993 with the aim of...more

Privacy of personal communications at work

by Dentons on

The Grand Chamber of the European Court of Human Rights (ECtHR) has held that the monitoring of personal messages on a work-related internet messaging account did breach the Article 8 right to privacy....more

Oops I Did It Again -- Court Rules That Two Separate Productions Of The Same Privileged Materials Was Completely Reckless

by Farrell Fritz, P.C. on

Despite the existence of a stipulated clawback agreement (that was never presented to the Court to be So Ordered) that provided “[i]nadvertent production of privileged documents does not operate as a waiver of that...more

European Court Restricts Employer Access to Employee’s Private Communications

by Orrick - Trust Anchor on

With its recent ruling in Barbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear...more

Compliance Lessons From Burner Phones

by Thomas Fox on

Hunter S. Thompson once said that when the going gets weird, the weird turn pro. It turns out that amateurs can get weird too. The University of Mississippi football program, which is under a self-imposed postseason ban and...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

As expected, the Fed left interest rates at current levels yesterday, though it hinted at another December rate hike and officially unveiled the start of its bond wind-down next month....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

The European Court of Human Rights sets out criteria for lawful monitoring of employees

by Ropes & Gray LLP on

On 5 September 2017, in the case of Barbulescu v Romania (Application no. 61496/08), the Grand Chamber of the European Court of Human Rights reversed a First Chamber decision and found that the Romanian courts, in reviewing...more

Status Update on the EU e-Privacy Regulation Proposal Discussions

On January 10, 2017, the European Commission published a Proposal for a Regulation (Proposal) relating to privacy rules for the electronic communications sector. The Proposal will impose new, more rigorous privacy regulatory...more

European Court Proposes Criteria for Assessing Employee Monitoring Activities

by Hogan Lovells on

On September 5, the European Court of Human Rights (ECHR) issued a ruling in the case of Barbulescu v. Romania that affirms employees’ right to privacy in the use of communications tools in the workplace. Although the ruling...more

ECHR Ruling: Dismissal Based on Monitoring of Employee’s Communications Illegal

by Bryan Cave on

Be aware! Today’s decision of the European Court of Human Rights (“ECHR”) may force companies to rethink their policies on private internet use of their employees at work (No. 61496/08). The Straßburg court held a...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

Citing SCA, Court Denies Motions to Compel Microsoft, Google and Yahoo to Produce Emails: eDiscovery Case Law

by CloudNine on

In PPG Indus., Inc. v. Jiangu Tie Mao Glass Co., Ltd., No. 2:15-cv-965 (W.D. Pa. July 21, 2017), Pennsylvania District Judge Mark R. Hornak denied the plaintiff’s Motions to Compel third parties Microsoft, Google and Yahoo to...more

FAQs about the FINRA Communication Rules

Understanding Financial Industry Regulatory Authority, Inc. Rule 2210, Communications with the Public - What is Rule 2210, and what does it require? - Rule 2210 governs three categories of “communications” by FINRA member...more

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Cybersecurity

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