(The memo was written in response to a recent lawsuit filed by Paul Ceglia where he claims to have emails from 2004 which show Mark Zuckerberg allotted him 50% of Facebook equity. Read Facebook’s response to the lawsuit.)
As you begin to transact more business electronically, consider the often boilerplate notice provision that you are using in your contracts. For every contract that you e-sign, there may be many contract notices that you must deliver (pricing, terms, quantity, product delivery, specification, addendum, breach notices and changes).
We often receive inquiries as to how the ‘local time’ is pegged to a user’s time zone when a sender may be logging in from different computers in different time zones.
The following article, written by Jon Neidiz, a partner in Nelson Mullins Riley & Scarborough’s Atlanta office and co-leader of the Firm’s Information Management Practice, is a useful short summary for those considering HIPAA privacy issues in the context of email – and RMail’s email encryption service. Key to using email encryption for compliance with regulations is ensuring that the sender organization has an auditable proof record of compliance – the focus of RMail’s email encryption service that is accomplished by return Registered Receipt™ email to the sender’s organization. Neiditz’s article follows:
The following is a useful primer for those that need to consider the evolving methods and concerns in dealing with electronic discovery of documents and information in the context of a current or potential legal dispute.
Electronic Transactions Would Be Afforded the Same Validity and Legality as Paper Transactions
Background: Enactment of electronic laws – the Electronic Signatures in global commerce Act (ESIGN, the federal statute) and the Uniform Electronic Transactions Act (UETA – adopted by forty-six states) are basically similar and were designed to facilitate electronic transactions consistent with other applicable law by simplifying, clarifying and modernizing the law governing commerce and governmental transactions through the use of electronic means.
I was recently asked a question by an insurance company in Massachusetts that is likely a question on the minds of many who are looking to cut cost and reduce paper and mail use in the insurance sector. As such, let me share my response to their question, “…could we move to convert our thousands of insurance cancellation notices from first class mail with certificate of sending to Registered Email™ service by RPost?” Since RPost does not provide legal advice, the following should only be used as a framework for further analysis by one’s own legal counsel.