News & Analysis as of

Email Policies and Procedures

K&L Gates LLP

The SEC Fines Stand-Alone Adviser for Off-Channel Communications

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Overview - On 3 April 2024, the US Securities and Exchange Commission (the SEC) announced the first settlement with a stand-alone registered investment adviser for, among other things, failures to maintain and preserve...more

Ervin Cohen & Jessup LLP

A New Twist on Coverage for Losses From ‘Spoofed’ Emails

The facts are frequently the same. A company that has retained the services of a vendor receives an authentic-looking email from the vendor’s CFO which advises that the vendor has changed its bank account or method of...more

NAVEX

Why Keeping Your Workforce Informed is an Odyssey (But Not an Impossible One)

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Let's face it, navigating the landscape of HR policies and compliance regulations can feel like wandering through a labyrinth blindfolded. For HR and Compliance professionals, ensuring employees have access to the knowledge...more

Bradley Arant Boult Cummings LLP

Business Email Compromise: The Most Prevalent – and Preventable – Cyber Risk

Ransomware attacks that shut business down to zero and data breaches that disclose the personal information of customers, vendors and employees justifiably strike fear in the hearts of executives everywhere. Organizations can...more

Tarter Krinsky & Drogin LLP

Be Cyber Aware

Hackers commit financial fraud by creating a fake email address mimicking the vendor’s name and emailing accounts payable saying that the vendor’s account information has been changed. Funds are then sent directly to the...more

Bracewell LLP

Personal Devices and Messaging Platforms in the Workplace: Tips, Tactics and Best Practices for In-House Counsel

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Federal regulators have cracked down on the use of texts messages and messaging platforms for business communications, using their broad authority to root out record retention violations, resulting in significant fines and...more

American Conference Institute (ACI)

[Webinar] Setting the Record Straight on AI & ML for Legal and Compliance: What They Are – and Aren’t – and the Lesser-Known Risks...

During this highly anticipated webinar, legal and forensic experts will provide invaluable takeaways on the risks, benefits and best practices for leveraging artificial intelligence and machine learning for your compliance...more

Davies Ward Phillips & Vineberg LLP

Ownership of Privileged Communications in M&A Transactions: Practical Takeaways and Recent Case Law

Traduction en cours. Can the buyer in a M&A transaction who takes possession of the seller’s or target company’s privileged communications on closing use those communications in a post-closing dispute against the seller?...more

StoneTurn

eDiscovery and Forensic Investigations: Six Tips for Managing Company Messaging Protocols

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The world of workforce communication looks vastly different from 2020, including an increased blur between personal and business communications due to remote work environments and access to instant messaging and...more

Constangy, Brooks, Smith & Prophete, LLP

As social engineering email attacks increase in sophistication, employee training and awareness rise to the forefront

The Nigerian prince seems almost quaint. Gone are the days when the Nigerian prince was the only nefarious figure menacing our inboxes. A simple yet elegant scheme – our supposed prince unexpectedly fell upon a large sum...more

StoneTurn

Avoiding Pitfalls in Internal Investigations

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Internal investigations play a critical role in mitigating insider risks, and technology is making the job of investigators easier. Nevertheless, organizations can make missteps that jeopardize the effectiveness of...more

Harris Beach PLLC

Commissioner of Education Makes Clear Email is Insufficient Way to Deliver Short-Term Suspension Notice Absent Prior Parent...

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A decision issued by the Commissioner of Education on October 18, 2022, clarifies that school districts may not use email as the sole means to deliver a short-term suspension notice in the absence of prior parent consent to...more

Health Care Compliance Association (HCCA)

OCR Targets Three Dentists in New Enforcement Actions; Nixes Political Use of PHI, Review Backlash

Report on Patient Privacy 22, no. 4 (April, 2022) - By many measures, David Northcutt’s unsuccessful 2018 bid for the Alabama senate was a costly one. Northcutt, a dentist, loaned his campaign $73,000 throughout the...more

Robinson+Cole Data Privacy + Security Insider

New Jersey Settles with Cancer Center Over Business Email Compromise

One of the challenging things about HIPAA (Health Insurance Portability and Accountability Act) enforcement is the fact that both the Office for Civil Rights and State AGs have jurisdiction to assess fines and penalties for...more

Rivkin Radler LLP

ABA Provides New Guidance On Remote Work For Lawyers

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On March 10, 2021, the American Bar Association released new guidance for attorneys working remotely. While there has never been a distinction in the Model Rules for Professional Conduct between working in a brick-and-mortar...more

McGuireWoods LLP

New Year, Old Problem: Broker-Dealers Should Evaluate Their Supervision of Personal Device Use

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Many companies that transitioned to a work-from-home environment in early 2020 may have reasonably anticipated a return to the normalcy of in-office operations by the end of the year. Yet as 2021 commences, remote work has...more

Jones Day

Delaware Court Ruling Raises Privilege Concerns for Communications With Outside Directors

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The Situation: Use by outside directors of non-company email accounts or other non-secure platforms to conduct board business risks waiver of the board's privilege. Even if the privilege is maintained, use of such an account...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective: Focus on the NLRB and Employee Communication

Recent Changes to NLRB Guidance Regarding Employers’ Policies Involving Employee Communication - Two recent decisions by the National Labor Relations Board (NLRB) have significantly overturned earlier rulings regarding...more

Pierce Atwood LLP

National Labor Relations Board Expands Employers’ Rights to Enforce Workplace Rules

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In a pair of significant year-end rulings, the National Labor Relations Board overturned two Obama-era precedents that had restricted the ability of both unionized and non-unionized employers to limit the use of company email...more

Akerman LLP - HR Defense

Three More Employer Holiday Wishes Granted By National Labor Relations Board

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The holiday cheer keeps coming from the National Labor Relations Board (NLRB) with the release of three new decisions favoring employers: (1) workplace policies covering confidentiality during workplace investigations are...more

Seyfarth Shaw LLP

NLRB Issues a Flurry of Decisions, Revealing Several Anticipated Gifts for Employers Just in Time for the Holidays

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Seyfarth Synopsis: The National Labor Relations Board, pushed out a number of noteworthy decisions early this week.  The Board’s holiday rush coincided with the departure of its sole Democratic member, Lauren McFerran, who...more

Littler

Board Overturns Purple Communications, Restores Employer Right to Restrict Email Use

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On December 17, 2019, in a 3-1 decision split along party lines, the National Labor Relations Board (NLRB) restored to employers the right to restrict employees from using company email systems for nonbusiness purposes.  The...more

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

NLRB Restores Employers’ Right to Restrict Employees’ Personal Use of Company Email and Other IT Resources

In Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, Case 28-CA-060841 (December 16, 2019), the National Labor Relations Board (NLRB) ruled that employees do not have a statutory right under the National Labor...more

Epstein Becker & Green

NLRB Reverses Purple Communications – Holds Employer May Restrict Employees’ Use of Email and Other Information Technology Systems

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On December 17, 2019, the National Labor Relations Board (“Board”) ruled that an employer’s rule prohibiting use of its email system for nonbusiness purposes did not violate employees’ rights under the National Labor...more

Hogan Lovells

NLRB Strengthens Right to Restrict Non-Work Use of Company Email

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On December 16, 2019, the National Labor Relations Board (the “Board”) issued a new decision that strengthens employers’ right to restrict employees from using company email for non-work reasons. Caesars Entertainment, No....more

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