News & Analysis as of

Electronic Communications State and Local Government

ArentFox Schiff

ArentFox Schiff's 2023 Class Action Year in Review

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ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country. From labor and employment disputes to landmark...more

DarrowEverett LLP

As Wiretap Act Claims Abound, ‘Submarine’ Counterattack Launched

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The proliferation of class action lawsuit and arbitration claim filings under the Federal Wiretap Act and various state wiretap statutes has recently grown beyond California, as other states are now beginning to see more...more

Franczek P.C.

PAC Finds No OMA Violation for Non-Contemporaneous and Non-Interactive Email Communications or Attendance at Campaign Event

Franczek P.C. on

Recently, the Public Access Counselor (PAC) issued a new binding opinion concerning the Open Meetings Act (OMA). In the opinion, the PAC determined that three city council members did not violate the OMA when they exchanged...more

Husch Blackwell LLP

New York Employee Monitoring Law Goes Into Effect May 7, 2022

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Keypoint: As of May 7, 2022, New York employers that monitor or intercept employee emails, internet usage, or telephone communications must provide written notice to those employees....more

Gibney Anthony & Flaherty, LLP

New Electronic Monitoring Requirements for New York Employers Starting May 7

Effective May 7, 2022, employers in New York State will need to provide written notice to new hires where the employer “monitors or otherwise intercepts [employee] telephone conversations or transmissions, electronic mail or...more

Fox Rothschild LLP

Reminder: New York Employers Must Soon Implement Electronic Monitoring Policy

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New York will soon require employers to provide written notice to employees if they monitor or intercept employee telephone conversations or transmissions, emails, or internet access or usage. As discussed in our prior...more

Bricker Graydon LLP

Public records take many shapes and forms

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When considering public records, you may be inclined to think of hardcopy documents collecting dust in a locked storage room. If that were true, a public records request might seem benign in that any public record responsive...more

Sheppard Mullin Richter & Hampton LLP

New York Imposes New Requirements for Employee Monitoring

New York recently enacted a law governing employee monitoring. The law applies to New York employers who monitor employees through electronic devices. This includes monitoring of telephone, emails, and internet access or...more

Stoel Rives LLP

Alaska Legislature Allows Corporations to Conduct Business by Remote Communication

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The Alaska Legislature has passed Senate Bill 24, which allows business entities to hold meetings and conduct business by “remote communication.” On March 22, it initiated sending the Bill to the Governor, who is expected to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey High Court Updates State’s Arbitration Case Law to Reflect Modern Business Practice

For the second time in a little over one month, the Supreme Court of New Jersey has issued an employer-friendly ruling upholding the enforceability of arbitration agreements in the employment context. On July 19, 2020, we...more

Allen Matkins

Oral Is Aural, Verbal Is Not

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"Oral" is derived from the Latin word, os, meaning mouth. "'Oral' means spoken in the sense that the mouth is used to articulate words or sounds." People v. Gonzalez, 2 Cal. 5th 1138, 1142 (2017). "Oral" is often confused...more

Tucker Arensberg, P.C.

OOR Provides Guidance as to when Requests for Emails are Insufficiently Specific

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We’ve addressed whether RTKL request are sufficiently specific before, but it’s worth reexamining the issue again in the context of requests for electronic correspondence because requesters frequently make broad requests for...more

Farrell Fritz, P.C.

Death and Digital Content: Protecting Digital Assets After The Death Of A User

Farrell Fritz, P.C. on

In 2016, the New York Legislature enacted a version of the Uniform Law Commission’s Revised Uniform Fiduciary Access to Digital Assets Act in Article 13-A (“Article 13-A”) of the Estates, Powers and Trusts Law (“EPTL”). ...more

Spilman Thomas & Battle, PLLC

Update on the West Virginia Legislature - Issue 5

By Friday, February 1, the 24th day of the 60-day regular session of the West Virginia Legislature, the House of Delegates had introduced 820 bills, while the Senate introduced 511. To date, only a handful of bills have...more

Bricker Graydon LLP

Ohio goes digital: The Notary Public Modernization Act

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In December 2018, now former Governor Kasich signed into law S.B. 263, also known as the Notary Public Modernization Act. The act overhauls Ohio’s notary laws and will allow documents to be notarized online through...more

Ruder Ware

Court Says Electronic Copies Must Be Released

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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

Akin Gump Strauss Hauer & Feld LLP

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

Ruder Ware

The Next Step toward Open Government – Preserving Text Messages

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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

Best Best & Krieger LLP

E-Communications on Private Accounts May Be Subject to Disclosure Under the California Public Records Act

The California Supreme Court has finally decided a question that has, for years, vexed courts, public officials, the media and citizen watchdogs: Are electronic communications — emails, voicemails and texts — on private...more

Nossaman LLP

California Supreme Court Rules that Public Business Conducted on Personal Devices Result in Public Records

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In a major development impacting all public entities subject to the California Public Records Act (Gov. Code § 6250 et seq., hereafter “CPRA”), on March 2, 2017, the California Supreme Court unanimously held that public...more

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