News & Analysis as of

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How Corporations Can Stay Vigilant Against Online Banking Fraud – Lessons from Recent Court Judgments

by Morgan Lewis on

Due to the general flexibility granted to banks by their standard account opening terms, corporate victims of online banking frauds often face substantial hurdles in court in their attempts to recover the sums lost from the...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

IRS Warns Of Increase In Phishing Scams Targeting Employee W-2s

by King & Spalding on

The Internal Revenue Service (“IRS”), along with state tax agencies and the tax industry, recently issued a warning to employers about increasingly prevalent “phishing” email scams targeting the W-2 tax form information of...more

Email Marketing

by Bryan Cave on

Email is ubiquitous in modern life with billions of emails – wanted and unwanted – sent each day. Since its enactment in 2003, the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act has...more

Top Tips for Email Marketing Success

by Chris Fritsch on

Despite the challenges we all sometimes face with the sheer volume, email is still an essential tool for connecting with Clients and prospects. Whether you’re updating them on legal developments or inviting them to an event,...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

2018 Tax (Fraud) Season: IRS Warns Tax Professionals, Employers About New and Old Phishing Scams

by McGuireWoods LLP on

Tax season is here, which means tax fraud season is here, too. This year, the Internal Revenue Service (IRS) is warning tax practitioners about a new phishing scam targeted at them and reminding all employers about...more

Court Denies Plaintiffs’ Request to Email All Defendant Employees as “Simply Unreasonable”: eDiscovery Case Law

by CloudNine on

In Firefighters’ Ret. Sys., et al. v. Citco Grp. Ltd., et al., No. 13-373-SDD-EWD (M.D. La. Jan. 3, 2018), Louisiana Magistrate Judge Erin Wilder-Doomes denied the plaintiffs’ renewed motion to compel after the parties...more

10 Common Data Breach Attack Techniques

by Revision Legal on

Among the more frustrating aspects of cyber security is the constantly evolving nature of the threat and the multitude of data breach attack techniques. One vulnerability is patched only for another to be found/created; one...more

Customs & Border Protection to Email Visa Waiver Entrants 10-Day Departure Warnings

To better combat non-immigrant visa overstays through proactive and preventative enforcement actions, Customs & Border Protection (CBP) has announced the implementation of an “Email Departure Reminder” system. The Reminder...more

Cybersecurity for This Tax Season

Nearly a year ago, in February 2017, the IRS issued a warning regarding phishing attacks targeting a broad range of companies. The scam involves a hacker impersonating an employee of a company, usually the CEO, and sending an...more

2017 eDiscovery Case Law Review

by Epiq on

Electronic discovery cases that made headlines in 2017 featured well-known names such as Taylor Swift and Lynyrd Skynyrd, and reached all the way to the U.S. Supreme Court. As the year draws to a close, it’s a good time to...more

A New Tax Season, but the Same W-2 Spear Phishing Scam (Updated)

by BakerHostetler on

With a new tax season approaching, companies should be vigilant in guarding against criminals attempting to obtain sensitive information through a variety of scams. Last month, the IRS issued an alert warning consumers of an...more

Cyber Risk News & Trends

Cybersecurity This Month - Predictions for 2018 - The new year kicked off with leading institutions weighing in with their cybersecurity predictions for 2018. MIT predicts we will see more large-scale data breaches in...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

A New Tax Season, but the Same W-2 Spear Phishing Scam

by BakerHostetler on

According to the IRS, the IRS saw the number of businesses, public schools, universities, tribal governments and nonprofits victimized by W-2 scams increase to 200 in 2017 from 50 in 2016. Those 200 victims translated into...more

Understanding eDiscovery in Criminal Cases, Part Three: eDiscovery Best Practices

by CloudNine on

...The government will usually get its ESI by consent or warrant. Typically, when the federal government seeks data in criminal cases (and most states have a similar procedure), it requests a search and seizure warrant by...more

Warning: Scammers Say, "Show Me Your Employees' W-2s!"

by Miles & Stockbridge P.C. on

As employers prepare to send employees their W-2s for last year by the end of the month, cybercriminals are preparing phishing emails under the guise of company executives requesting personal information on employees. The IRS...more

AOL Outlaw Must Bear the Burden of Proving Who Pays the Price

On January 9, 2018, the Second Circuit (Kearse, Cabranes, Wesley) rejected a request by ex-AOL Inc. employee Jason Smathers to junk the restitution component of his sentence, which requires him to recompense the online...more

No Sanctions for Spoliation of ESI Against Plaintiff Leads to Summary Judgment Against Defendant: eDiscovery Case Law

by CloudNine on

...In IBM v. Naganayagam, No. 15 Civ. 7991 (NSR) (S.D.N.Y. Nov. 21, 2017), New York District Judge Nelson S. Romàn, finding that no intent to deprive by the plaintiff and no prejudice against the defendant for spoliation of...more

2017 eDiscovery Case Law Year in Review, Part 3

by CloudNine on

...Just because you don’t physically have your hands on the data doesn’t mean you’re not responsible for it. Here are three cases related to rulings regarding possession, custody and control of ESI, including one that relates...more

Google Puts Its SCA Warrant Appeal on Hold as High Court Prepares to Hear Microsoft Case

The fight over the privacy of electronic communications and the government’s ability to reach emails stored abroad in criminal investigations has finally moved to the U.S. Supreme Court. ...more

2017 eDiscovery Case Law Year in Review, Part 2

by CloudNine on

...Let’s take a look back at cases related to discovery about discovery, technology assisted review, form of production disputes, objections to production requests and an interesting dispute between an eDiscovery provider and...more

2017 eDiscovery Case Law Year in Review, Part 1

by CloudNine on

Once again, it’s time for our annual review of eDiscovery case law! This is our seventh annual review of cases that we covered on the eDiscovery Daily blog over the past year. As always, we had a number of interesting cases...more

Now is the Busy Season for Cyber Criminals Posing as Executives to Obtain W-2s

It’s the start of tax season, and many employers are sending W-2 forms to employees so they can get ready to file their tax returns. As was true over the past few years, this is not only the busy season for tax preparers,...more

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Cybersecurity

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