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Recent events highlight the need for enhanced cybersecurity protocols in government offices across the U.S. In late November 2024, the Township of White Lake in Michigan, intended to issue approximately $29 million in general...more
In Pa. Office of the Governor v. Brelje, 2024 Pa. Commw. LEXIS 65, at *1 (Commw. Ct. Feb. 23, 2024), the Office of Open Records (“OOR”) concluded that requests for all incoming and outgoing email for two agency employees over...more
All businesses who advertise their services or products through any form of email marketing have a new worry: a new Utah state law providing for sweeping remedies and a private right of action that can result in...more
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
Amazon Sued for Not Telling New York Store Customers about Tracking Biometrics - “Thanks to a 2021 law, New York is the only major American city to require businesses to post signs letting customers know they’re tracking...more
The American Bar Association (ABA) has issued its second formal opinion concerning Model Rule 4.2 in as many months. The so-called “no-contact rule” prohibits a lawyer from having contact with a represented party about the...more
Methacton Sch. Dist. v. Off. of Open Records of Cmmw., 250 C.D. 2021, 2021 WL 6122163, at *1 (Pa. Cmmw. Dec. 28, 2021). The Commonwealth Court of Pennsylvania holds that a request for the emails of four individuals over a...more
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
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
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
If opposing counsel sends you discovery or a pleading by email, it is no longer just a courtesy copy. Beginning Thursday, Oct. 1, 2020, that email effects service under the North Carolina Rules of Civil Procedure...more
An agency’s duty to preserve documents for inclusion in the record of proceedings under CEQA prevails over a local agency’s document retention and destruction policies. Golden Door Properties v. Superior Court (County of San...more
In Maciejewski v. Southern Columbia Area School District, AP 2019-1094 (Sept 16, 2019), the Request sought all emails between 10 District email addresses over a 14-day time frame. The District argued that certain responsive...more
In this month's edition of our Privacy & Cybersecurity Update, we examine the California attorney general's draft regulations on the California Consumer Privacy Act, the CJEU's clarified rulings on the use of cookies, the...more
In Ruland v. Southern York County School District, AP 2019-0567 (Aug. 8, 2019), the OOR concluded that, in certain circumstances, emails from community members to an agency can be public records. In this case, the...more
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
The Baltimore city government's email and other systems have been offline for more than three weeks as the result of a ransomware attack in early May. This is not the first local government to have been the victim of such...more
RTKL (Sections 701, 705, 901 1307 of the RTKL) – Responding to a RTKL Request. One of the most confusing issues an Open Records Officer faces is determining whether they may charge duplication costs when responding to a...more
This week the Securities and Exchange Commission (SEC) issued an investigative report that outlined cyber incidents that nine public companies had experienced, causing fraudulent losses totaling more than $100 million. The...more
From bumping up the statewide primary election date to protecting the personal information of public employees and making campaign contributions more transparent, state lawmakers passed a wave of laws regarding campaigns,...more
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
On March 2, 2017, the California Supreme Court ruled in City of San Jose v. Superior Court that where a public employee uses a personal email account or texts to communicate about the conduct of public business, those...more
An appellate court ordered a trial court judge to reconsider his order that e-mails to and from the San Diego city attorney’s personal account be released publicly. The League of California Cities argued that e-mails between...more