News & Analysis as of

Email Text Messages Electronic Communications

Hudson Cook, LLP

Technical Violations of State Collection Practices Laws Can Lead to Class Action Liability

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If you are reading this article, you are likely aware that a creditor collecting its own debts in its own name is not a "debt collector" under the federal Fair Debt Collection Practices Act ("FDCPA") or its implementing rule,...more

Spilman Thomas & Battle, PLLC

When Even Emojis are Evidence: The Importance of Clear Written Communication

People in the workplace communicate more often and via more methods than ever before. Quite often, many of these methods of communication—emails, text messages, and instant messages on platforms like Slack or social media—are...more

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

EDRM - Electronic Discovery Reference Model

Failure to Show “Intent to Deprive” Leads to Denial of Rule 37(e)(2) Sanctions

A motion for spoliation sanctions under Fed.R.Civ.P. 37(e) was denied in Boshea v. Compass Marketing, Inc., 2024 WL 811468 (D. Md. Feb. 27, 2024). The motion was argued and decided during trial. The suit by a former...more

Fisher Phillips

4 Steps to Prepare for Kenya’s Proposed “Right to Disconnect” Law

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Kenya has taken a significant step in addressing the balance between work and personal life by introducing a “right to disconnect” law. The Employment (Amendment) Bill 2022, which is pending before the Kenyan Senate, would...more

UB Greensfelder LLP

American Bar Association Advises on Implied Consent to “Reply All” Responses in Electronic Communications with Opposing Counsel...

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Recognizing that, nowadays, most lawyers communicate electronically with their clients, and with lawyers representing other parties, the American Bar Association has provided advice on an important consideration that arises...more

BCLP

Data issues when acquiring assets from an insolvent vendor

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Recent M&A deals the teams have worked on involving insolvent corporates have highlighted the challenges which exist around the transfer of customer lists and databases, which are often a significant asset for the buyer. ...more

Foley & Lardner LLP

Responding to Books and Records Demands in an Increasingly Digital World - 3 Key Tips

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Stockholder “books and records” requests have become increasingly prevalent in the past decade. These requests can be a used as tools by activist investors to gather information to support demands for corporate change or a...more

WilmerHale

Emails and Texts Could Constitute Corporate Books and Records

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Directors, corporate secretaries and company counsel must be mindful of good corporate housekeeping practices involving the maintenance of corporate books and records. Earlier this year, a handful of Delaware court opinions...more

Dechert LLP

Sweat the Small Stuff: Delaware Court of Chancery Faults Acquirer for Failing to Deliver Notice to Extend End Date

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The Delaware Court of Chancery has ruled that an acquirer and target company’s joint efforts to obtain antitrust approval for a merger did not substitute for, or satisfy, the merger agreement’s requirement to send written...more

Franczek P.C.

According to the PAC, Communications About Public Business on Personal Devices Subject to FOIA

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Since a 2013 Illinois Appellate Court decision, City of Champaign v. Madigan, Illinois public bodies have known that three categories of emails and text messages sent to or from personal technology devices are “public...more

Morris James LLP

Court of Chancery Addresses Discovery Obligations Regarding Text Messages

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In re Appraisal of Kate Spade Company, C.A. No. 2017-0714-AGB (Del. Ch. June 21, 2018) - The duty to collect and produce non-privileged relevant information extends beyond email to text messages and other forms of...more

Epiq

Three Steps to Avoid Legal Data Preservation Pitfalls

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Electronic communication is the new normal in every walk of life, including the corporate world. Communicating on a mobile device anytime from anywhere has several positive attributes. While this is extremely appealing to...more

Amundsen Davis LLC

FYI, Text Messages And IMs Are Discoverable Too

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Back in November we reported on a federal judge ordering several members of management to turn over messages from their personal email accounts and counseled employers to be proactive in managing employees’ use of personal...more

Womble Bond Dickinson

New Canada Anti-Spam Rules Take Effect July 1 – Additional Teeth Behind New Rules

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Organizations that do business in Canada should be aware of key changes coming to Canada’s Anti-Spam Legislation (“CASL”). Beginning July 1, 2017, CASL will place stricter conditions on how companies can market their services...more

Bowditch & Dewey

Land Court Finds that Texting Can Bind Parties

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The Massachusetts Land Court has held that text messages may form a binding contract in connection with the sale of real estate!! While neither punctuation nor colorful texting acronyms can make this decision more noteworthy...more

Nutter McClennen & Fish LLP

Traps for the Unwary: Text Messages, Authorized Agents, and Binding Letters of Intent

A recent Land Court decision strongly suggests that sellers should proceed with caution when negotiating real estate transactions via email and text messages. In determining whether a contract was formed between two companies...more

Snell & Wilmer

California Updates Privacy Rights with the Electronic Communications Privacy Act

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Starting on New Years Day 2016, a new law will prohibit California law enforcement agencies from compelling California residents and businesses to turn over metadata or electronic communications (e.g., texts, emails,...more

Goodwin

California Enacts CalECPA, Requiring a Search Warrant to Obtain or Access Users’ Electronic Information

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On Thursday, October 8, 2015, California Governor Jerry Brown signed into law the Electronic Communications Privacy Act (the “California ECPA”). This legislation, which takes effect on January 1, 2015, has been heralded by...more

McDermott Will & Emery

California Joins Other States with the Passage of CalECPA

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Law enforcement requests for electronic information, particularly from technology companies such as Google and Twitter, have skyrocketed in recent years. In response, several states—Maine and Texas in 2013, Utah in 2014 and...more

BakerHostetler

Collusion Course: The Limits of Hot Documents

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Discovery in antitrust cases often involves a search for smoking-gun documents. Those documents can consist of emails proving that competitors conspired to raise prices, removing the difficulties faced by prosecutors or civil...more

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