News & Analysis as of

Electronic Communications

Pennsylvania Superior Court Adopts New Standard for Social Media Evidence

In Commonwealth v. Mangel, 2018 WL 1322179 (March 15, 2018), the Pennsylvania Superior Court adopted a standard for authenticating social media posts under Pennsylvania Rule of Evidence 901. The Court held that “the proponent...more

Forecasting the Impact of the New US CLOUD Act

by Dechert LLP on

The CLOUD Act resolves the central issue in United States v. Microsoft — U.S. law enforcement agencies now have explicit legal authority to obtain electronic data from U.S. cloud and communication companies regardless of...more

FYI, Text Messages And IMs Are Discoverable Too

by SmithAmundsen LLC on

Back in November we reported on a federal judge ordering several members of management to turn over messages from their personal email accounts and counseled employers to be proactive in managing employees’ use of personal...more

Government Requests for Data: CLOUD Act Attempts to Provide Guidance

by Morgan Lewis on

On March 23, US President Donald Trump signed the omnibus spending bill, a portion of which contained the Clarifying Lawful Overseas Use of Data Act (CLOUD Act). The CLOUD Act’s main goal is to offer guidance to providers of...more

Reaching for the clouds - how the US government plans to access data stored abroad

As part of the recently enacted federal spending bill, the US Congress has passed a momentous piece of legislation directly affecting providers of electronic communication services like email service providers and social...more

The CLOUD Act: Broadening both U.S. and Foreign Governments’ Reach into Individuals’ Data

by Bryan Cave on

The new U.S. CLOUD Act directly addresses the very real challenges faced by law enforcement agencies in the U.S. and internationally in accessing increasingly globalized communications data and provides clarity to...more

Monitoring Employee Electronic Communications

by Jaburg Wilk on

A growing number of employers monitor and review their employees’ electronic communications, including telephone calls, emails and internet use, while at work or working away from the office. They cite a number of legitimate...more

Reassessing Embedding: When In-Line Linking May Get You In Trouble

by Orrick - IP Landscape on

Opinion, Goldman v. Breitbart News Network, LLC, No. 17-03144 (S.D.N.Y. Feb. 15, 2018) (Judge Katherine B. Forrest) - News reporters, bloggers, and other online media outlets beware: know where your embedded images and...more

The Right to Unplug: New York City Council Proposes Bill Which Would Allow Employees to Disconnect From Work After Normal Work...

New York City Councilman Rafael Espinal has proposed a bill which would prohibit private-sector employers from requiring their employees to access work-related electronic communications outside of their usual work hours. This...more

Congress Enacts Law Clarifying Reach of Warrants for Overseas Data

by WilmerHale on

On Friday, March 23, President Trump signed into law the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), which amends the Stored Communications Act (SCA), 18 U.S.C. § 2701, et seq., to require providers of electronic...more

11 Key Takeaways for Updating your Compliance Program in 2018: Investment Advisers, Hedge Funds and Private Equity Funds

Based on our review of the investment adviser regulatory landscape of 2017, these are the top 11 recommendations for investment adviser CCOs for updating their compliance programs....more

Recent Supreme Judicial Court Decisions Highlight How Courts Must Embrace Technological Change

Courts are often faced with the dilemma of applying centuries, or even decades, old law to constantly evolving technological advancements. See, e.g., Transcript of Oral Argument, United States v. Microsoft, No. 17-2 (U.S....more

Second Circuit Clarifies Venue Requirements for Securities Fraud

On August 15, 2016, the Second Circuit issued a rare opinion on the subject of the sufficiency of evidence to establish venue in United States v. Lange, No. 14-2442-cr (Jacobs, Chin, Droney). ...more

ABA Clarifies Lawyers' Confidentiality Obligations Regarding Online Public Commentary

by Holland & Knight LLP on

• The American Bar Association (ABA), on March 6, 2018, issued Formal Opinion 480, which specifically examines confidentiality obligations for lawyer blogging and other public commentary. • Notably, the opinion recites the...more

GDPR Compliance Collides with U.S. Law at Supreme Court

by Fisher Phillips on

The EU’s General Data Protective Regulation (“GDPR”) has been a popular topic of late. Fisher Phillips’ Employment Privacy Blog has covered the evolution of this regulation, starting with the roll back of the previous “safe...more

United States v. Microsoft Raises Significant Questions Regarding Application of the Stored Communications Act

by White and Williams LLP on

On Tuesday, February 27, 2018, the US Supreme Court heard oral argument in connection with an ongoing dispute between the Department of Justice (DOJ) and Microsoft over data in the corporation’s datacenter in Ireland. At the...more

The Supreme Court Hears Oral Arguments In United States v. Microsoft

by Shearman & Sterling LLP on

On February 27, 2018, the U.S. Supreme Court heard oral arguments in United States v. Microsoft, No. 17-2. The case presents the question whether a U.S.-based entity (Microsoft) must comply with a judicially-authorized...more

Regulation of the telework. Obligation to amend the individual employment agreements. Sanctions of up to RON 10,000/person.

by Allen & Overy LLP on

On 28 February 2018 the Romanian Parliament adopted a new piece of legislation regulating the telework (the Telework Law) which is pending for promulgation by the Romanian President. The Telework Law will apply only after its...more

Electronic Discovery Concerns Surround Evolving Electronic Communications

by Epiq on

Methods of communicating electronically change rapidly. While traditional email communication is still widely used, more people are turning to text, chat, and social communications, even in the corporate world. ...more

Lessons for Employers in the Case of a Former Google Software Engineer Fired for Violating Company Anti-Discrimination Policies

by Hinshaw & Culbertson LLP on

Earlier this week, an NLRB attorney issued an advice memo concluding that software giant Google did not violate Section 7 of the National Labor Relations Act ("NLRA"), when the company terminated software engineer James...more

Recent OMA and FOIA Decisions Address “Personal” Emails of Public Officials

by Franczek Radelet P.C. on

The Open Meetings Act (OMA) and the Freedom of Information Act (FOIA) cover the communications of board members and other public officials when conducting public business. While the laws have a long reach, granting the public...more

Court Says Electronic Copies Must Be Released

by Ruder Ware on

A recent decision from a Dane County trial court has opened the door for new guidance on providing electronic copies of public records to local news media. In a recent decision, a Dane County judge held that a state lawmaker...more

Regulatory challenges for electronic communications operators offering IoT connectivity services

by DLA Piper on

A booming market with rising demand for connectivity and capacity The global Internet of Things (IoT) market reached US$598.2 billion in 2015 and is projected to continue its growth trajectory to over US$724.2 billion by...more

DSM Watch: Stakes high for IoT industry in European ePrivacy debate

by Hogan Lovells on

Following the European Commission and European Parliament’s proposed versions of the EU Regulation on Privacy and Electronic Communications (the ePR), we are now waiting for the Council of the European Union to agree their...more

Can Emails Establish an Easement in Texas?

by Gray Reed & McGraw on

Email is the way we communicate these days. Whether emails create a contract is important if you’re thinking nothing short of a dead tree could ever bind anybody or, to the contrary, your goal is to establish an enforceable...more

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Cybersecurity

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