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State and Local Government Email

Tucker Arensberg, P.C.

Commonwealth Court Holds that OOR Erred in Not Allowing Agency an Opportunity to Review Responsive Records for Exemptions after...

Tucker Arensberg, P.C. on

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

Holland & Hart LLP

Utah's New Commercial Email Act: A Warning to Businesses Engaged in Internet Marketing

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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

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

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 3, March 2023

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

Schwabe, Williamson & Wyatt PC

ABA Relaxes Rule 4.2 When a Lawyer Hits ‘Reply All’: Will Oregon and Washington Follow Suit?

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

Tucker Arensberg, P.C.

Commonwealth Court Holds that the Failure to Identify a Transaction or Activity of an Agency in a Request for Records Under the...

Tucker Arensberg, P.C. on

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

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

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

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

Brooks Pierce

Changes to the North Carolina Rules of Civil Procedure Take Effect Oct. 1, 2020

Brooks Pierce on

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

Perkins Coie

Agencies Must Preserve Emails For CEQA Record of Proceedings

Perkins Coie on

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

Tucker Arensberg, P.C.

OOR Confirms that Records Created or Obtained through the Safe2Say Something Program are Not Public Records

Tucker Arensberg, P.C. on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - October 2019

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

Tucker Arensberg, P.C.

OOR Determines that Emails from Members of the Public to an Agency are Records “of” the Agency

Tucker Arensberg, P.C. on

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

Tucker Arensberg, P.C.

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

Tucker Arensberg, P.C. on

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

Carlton Fields

Baltimore's Three-Week Ransomware Is a Warning for Other Local Governments to Prepare for Cyberattacks

Carlton Fields on

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

Tucker Arensberg, P.C.

“Can I Charge Fees for That?” FAQs Regarding Permissible Fees under the RTKL

Tucker Arensberg, P.C. on

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

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - October 2018 #3

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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

Best Best & Krieger LLP

New Laws Part I: 2018 Brings Campaign, Election and Records Reforms

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

Ruder Ware

Court Says Electronic Copies Must Be Released

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

Downey Brand LLP

California Supreme Court Rules Public Officials' and Employees' Personal Accounts Do Not Escape Reach of Public Records Act

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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

Best Best & Krieger LLP

California Appellate Court Addresses Release of City Attorney’s Private E-mails

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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

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