News & Analysis as of

Electronic Communications

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

Council e-Privacy Regulation Negotiations Critical for the Future of IoT and AdTech

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

2018 Political Law Update

As we enter the new year, there are new changes in state and federal lobbying, gift and campaign finance laws. California: In September, Gov. Jerry Brown signed new campaign finance laws that require political committees...more

Privacy Perils: Now You See Me ...

by Bass, Berry & Sims PLC on

In the ongoing and contentious litigation between Uber and Google's autonomous (self-driving) vehicle unit (Waymo v. Uber), allegations have arisen that one party has hidden relevant information, in part by use of...more

The Next Step toward Open Government – Preserving Text Messages

by Ruder Ware on

The Wisconsin Public Records Board is looking into the next step in preserving open government, which is how to save text messages and social media messages authored by local government officials. The Public Records Board...more

Sites Illegally Tracked Consumers New Suits Allege

New suits accuse mattress company Casper Sleep and lender Quicken Loans of illegally tracking consumers online. Brady Cohen visited the website of Casper Sleep on multiple occasions to shop for a new mattress. While he...more

Time to crack the Code: the new Telecoms Code comes into force on 28 December

by Hogan Lovells on

Earlier this year, we blogged about the new Electronic Communications Code and the impact the changes would have for equipment installed by approved telecoms operators on private land. It has been announced today that the...more

Is Your Company Email to Santa Protected?

by Gray Reed & McGraw on

Frazzled by the incessant demands for her company Acne Brick’s financial records from her husband’s divorce lawyer Ditcher Quick, company president Annie Acne was wondering what her next maneuver might be when her Information...more

Email Systems: GC Memorandum 18-02 Signals That The Trump Board May Review The Controversial Obama Board Changes Allowing...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments...more

How Do Courts Decide If Employees CC'ing a Lawyer are Implicitly Seeking Legal Advice?

by McGuireWoods LLP on

Electronic communications exacerbate judges' already difficult task of determining if employees copying lawyers on their communications with fellow employees are implicitly seeking legal advice – and thus deserve privilege...more

Cybersecurity 2018 – The Year in Preview: Federal Enforcement Trends

Editors’ Note: This is the third of a multi-part end-of-year series examining important trends in data privacy and cybersecurity during the coming year. Up next: trends in state enforcement....more

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

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Cybersecurity

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