Legal

Lawyers have always had a duty to be competent in technology, but the ABA Model Rule put this duty in writing, impacting cybersecurity practices. Twenty states have followed the ABA’s lead and adopted a duty of technological competence, all but requiring encryption.

In recent briefings, we have reported on Internet criminals’ behavior with regards to researching their victims’ professional profiles and associations (using LinkedIn recruiter tools, for example) and using these social cues to lure unsuspecting victims into sending money to imposter accounts.

Recently, we were asked to discuss the RPost electronic signature service in view of “European Directive 1999/93/CE on electronic signatures,” a Directive aimed at creating common standards for legal recognition of electronic signatures within EU member states.

RPost today announced the US Federal Court in California has now re-affirmed the validity of its US Patent 6182219 by granting RPost’s motion for summary judgment on a counterclaim of invalidity. RPost brought suit against a number of companies in 2011 for infringing some of its 35 patents, the validity of which those defendants challenged.

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 electronic signature, there may be many contract notices that you must deliver (pricing, terms, quantity, product delivery, specification, addendum, breach notices and changes).

Contributed by Judge Dana Senit Henry (ret.) – After working as a Judicial officer for many years, Judge Henry now serves as a mediator, arbitrator, and private Judge. She has been an advisor and commissioner to city, county and state agencies, corporations and community based organizations.

RMail just released an RMail app integrated into Box (formerly Box.net) that extends document delivery options with a familiar email user experience. Box’s RMail application allows users to send files attached to Registered Email™ messages from within their Box account, for the most legally robust record of who sent what documents to whom and when by email, with time-stamped […]