In the early 2000’s, RPost coined the term “Legal Proof®” to describe what one received when they sent a Registered Email™ message. There is no such thing as “Illegal Proof”, so what could “Legal Proof®” really represent?
As 2020 plods along, new tech challenges I never thought we’d face are becoming realities. First of all, as I’m sure many of you who share living spaces have noticed, home internet connections have become less than ideal during the 8AM – 12 noon timeframe. My kids’ virtual learning via video hogs so much bandwidth that my own video calls for business are cutting out (fortunately, virtual school is only half a day).
Most disputes center on who said what to whom and when. When an email gets lost without the sender being aware, the entire conversation or negotiation can derail, and there can be serious financial and/or reputational damage as a consequence.
We all send emails — some trivial and others that are incredibly important or time sensitive. For the important email messages, how do you know – and prove – that your email was delivered?
As we wrote in March in our blog, “If Only Hillary Clinton Knew About RMail,” one cannot ignore the need for both security and ease of use.
The constant challenge for IT professionals and security experts is to balance security and usability. If the most secure system is too complicated or cumbersome to use, people will circumvent it. Once the official or corporate system is circumvented, security has devolved from professional (IT executive) to amateur (end user).
Our newly released update for the RMail Outlook plugin includes major updates to the LargeMail® service. After installing the new version, RMail users will be able to attach and send files up to 200MB directly from the “Send Registered” dialog box. There is also a new option to send files via LargeMail automatically when your attachments exceed a size you specify.
This posting should serve as a reference guide for process servers or lawyers who need to prove service by email.
(1) Serve by email
This posting should serve as a reference guide for process servers or lawyers who need to prove service by email.
(1) Request permission to serve by email
Consider in Zubulake v. UBS Warburg, a case focused on the duties of in-house and outside counsel related to litigation holds and document retention policies. Although UBS Warburg claimed to have issued and reissued litigation holds, the court concluded that “a party cannot reasonably be trusted to receive a litigation hold instruction once and to fully comply with it without the active supervision of counsel.” The court suggested instructions for in-house and outside counsel to follow as a means of demonstrating their “continuous efforts to satisfy the duty,” which includes: (1) issuing a litigation hold at the outset of litigation or whenever it is reasonably anticipated, including reissuing them periodically; (2) communicating directly and periodically with key players regarding preservation duty; and (3) instructing all employees to produce electronic copies of their relevant active files and to ensure that all backup media is identified and stored in a safe place.
For those in the London legal market, you might be interested in attending a special briefing sponsored by Speechly Bircham. Details follow…
