The Certified Mail Envelope Was Empty 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 i [...]

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. Who said what when is often the core of many business disputes. With email notices, it is often not who sent what when, but rather, who sent what, when was it received, and what did it say? In this [...]

An important trend for companies today is use of web-based messaging and CRM platforms such as Salesforce.com to manage, track and/or secure outbound correspondence. While some of these platforms let you send attached documents with your message, most (including Salesforce.com) do not save copies of attachments in the sent record stored in the web-based system. The only way to maintain proof of content for messages sent on these platforms is to send them using RPost’s Registe [...]

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. RPost sued Adobe-Echosign, DocuSign, Swiss Post, Canada Post, Zix Corporation, RightSignature, Farmers Insurance, Telarix, Trustifi, amon [...]

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. Background: “Discovery” is the process of obtaining documents and testimony from adversarial parties involved in a lawsuit.  With paper and electronic records growing out of control for most businesses, today it is becoming common for the [...]