The $100 million "Hermès" Registered Email™ Message (& CLE Webinar That Tells More) What a deal! My favorite functional yachting sportswear at 70% off! Or so I thought. Nearly every successful product brand is facing a strange new competitor -- their own "fake" self. Let me explain how this plays out. (If you find this interesting, join the Florida Bar CLE Credit Webinar on April 12 reviewing what you need to kno [...]

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 [...]

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). If you can successfully convert these to email with assurance of your ability to prove valid receipt of your legal contractual notice, you will pro [...]