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Electronic Information - A Trap for the Unwary in Business Litigation ( April 2006 )
In 2005, a court-ordered statement of facts, attributable in part to the spoliation of electronic information, led to a $1.45 billon jury award against Morgan Stanley & Co. This case is one of many confirming that courts are not willing to relax discovery requirements or overlook discovery abuse because data is maintained electronically. Today, the majority of commercial data and corporate communications are either stored or transmitted electronically consequently requests for electronic information ("e-discovery") are common in business litigation. -
E-Discovery: Cutting to the Paper-less Chase: What to Do Upon Notice of Claim ( October 2004 )
The age of electronic discovery is here to stay. In today's business world, 90% of all information is in digital form. If you are faced with having to respond to a subpoena or have notice of a potential claim, consider the following to help guide (and protect) you through the process. -
Employers Do Not Violate the ECPA by Accessing Employee E-mails on Company-Provided File Servers ( March 2004 )
On December 10, 2003, the United States Court of Appeals for the Third Circuit ruled against an employee who sued his employer for accessing his emails without his permission, alleging a violation of his privacy rights under the federal Electronic Communications Privacy Act. This decision illustrates the importance of a well-drafted electronic monitoring policy. -
The Changing World of Electronic Signatures ( June 2003 )
A federal law that took effect about a year and a half ago is changing the world in terms of how legal documents are signed. If it hasn't affected your business already, it probably soon will. The full title of the law is the Electronic Signatures in Global and National Commerce Act, but it has become commonly known in legal circles as "E-Sign." -
Big Brother Employer May Be Watching: Monitoring Employees' Online Communications In The Workplace ( June 2003 )
E-mail and Internet use are integral parts of the typical worker's daily routine. Because of its speed and overall convenience, e-mail has replaced the interoffice memorandum as the preferred method of communication. Employee access to the Internet also is important as a means of conducting job-related research and transactions. -
Technology Use Policies: If You Don't Have One, Get One ( December 2001 )
As the tools of business have changed, have your company policies kept up? If your business still doesn't have a Technology Use Policy, the answer to that question is a resounding: no. -
An Electronic Voyage of Discovery ( October 2000 )
This article outlines tips on how best to make use of electronic discovery when in litigation; and second, developing a plan to better manage electronic records on an ongoing basis to reduce expense and exposure. -
Electronic Records and Signatures in Healthcare and the Interplay of E-Sign, HIPAA and UETA ( January 2001 )
The healthcare industry is highly regulated by a complex statutory and regulatory framework at every level. Electr.
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