You show up in court with a US Certified Mail “Green Card” delivery receipt, evidence that supposedly proves you delivered a timely notice. The other party simply stands up and says quizzically, “Sure we got the certified letter, but no one in our office could figure out why we were sent an empty envelope!” And of course, there’s no proof of what was or wasn’t inside the envelope. Did the mail room attendant or administrator forget to insert the letter?
Millennials are, surprisingly, bewitched by email. More than half of Millennials ages 18 to 24 check their email while still in bed in the morning, and 43% of Millennials ages 25 to 34 report doing the same thing. We were shocked to learn that Millennials prefer to check their email on a PC rather than their smartphone.
As consumer awareness of data privacy issues increases, companies that don’t take their clients’ data privacy seriously are getting hit harder and harder. In healthcare, a Florida healthcare provider paid a $5.5 million fine (a HIPAA record) earlier this year for allowing more than 115,000 patient records to be improperly accessed and disclosed. Last year, Ashley Madison paid almost $1.6 million to settle charges related to Federal Trade Commission (FTC) enforcement of data privacy laws, after the online “cheating” site’s virtually non-existent cybersecurity practices allowed the compromise of all its 36 million users worldwide.
Service professionals and business managers are continually trying to improve workplace productivity, not just to increase profits but also to reduce tedium in their daily work flows. Web applications for customer relationship management (Salesforce.com), professional networking (LinkedIn), messaging, e-signing, and file sharing (RPost), for example, can be extremely helpful tools for streamlining work flows.
Many attorneys, paralegals, HR professionals, and professional service providers steer clear of email when sending legal notices (or notices they are legally obligated to send). Some incorrectly think of email as a medium for only casual or inconsequential correspondence. The truth, however, is that email is often even better than courier or postal delivery for notices with legal implications — but only when coupled with a service that provides certified proof of electronic delivery, time of delivery, and exact message content.
At Frankel Insurance, staff sent an email to bind additional commercial property to an existing policy. Later, a claim was submitted to the insurance carrier, and the carrier denied having a record of the additional property having been added to the policy.
People use e-signatures every day without even realizing they’re “e-signing” — signing on an electronic signature pad at grocery store check-out, replying to an email with a typed confirmation of terms, or putting in a PIN code for a debit card transaction, for example. Most people have no doubts about the legality of these everyday “e-sign” transactions.
The Food and Drug Administration (FDA) has published guidance for compliance with specific regulations in 21 CFR Part 11. This guidance is intended to describe the FDA’s current thinking regarding the scope and application of part 11 of Title 21 of the Code of Federal Regulations; Electronic Records; Electronic Signatures (21 CFR Part 11).
Lawyers who practice in Texas stand to save a lot of time and money starting this year. As of January 1, 2014, amendments to Texas rules TRCP 21a(a)(2) and TRAP 9.5(b) now permit service of court documents by email.
Is proof of delivery of Service by Email needed if you have a Certificate of Service for email sent?
Considerations with Florida Mandatory Serve by Email Rule.
The following is a response to a lawyer question prompted by a recent Florida Bar member benefit email referencing the new Florida mandatory Service by Email Rules of Judicial Administration.