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Quick Links – August 2013

Rocky Mountain National Park
Because of an extended working vacation away from Houston’s heat in Colorado, I’ve been away from the blog.  Like my kids gearing up to go back to school, I’m getting back to the normal work mode back in the office while recovering from a separated shoulder from a mountain biking incident (riding … Continue Reading

Noncompetes, email, the ex-employee, the ECPA and the SCA

Of all the topics we discuss here, email seems to be one that applies to every business no matter how much of a traditional bricks and mortar business it may be.  According to this timeline, email has been around since 1971,* but it seems like companies are finding new ways to get in trouble with … Continue Reading

More to email marketing than CAN-SPAM

My Spring 2010 Visibility Magazine legal corner column focuses on CAN-SPAM and federal pre-emption. 
I wish I could have the e-trade baby jump out and say “pre-empta what?” but Lindsay Lohan might sue me for $100,000,000. 
The issue is whether you have to abide by CAN-SPAM or the laws of the more than thirty separate state email marketing laws.  … Continue Reading

California Judge Cans California Anti-SPAM Lawsuit

Earlier this week, a California judge dismissed a $45 million false advertising lawsuit against ValueClick.  If you do email marketing, you care because the judge ruled the federal CAN-SPAM act preempted California’s more stringent email marketing law that more than likely applies to you wherever you are.
Background 
Internet service provider Hypertouch filed suit against ValueClick and others under California’s law barring false and misleading … Continue Reading

When is an email, just an email?

It is no secret the law has trouble keeping up with technology.  Although emails have become a mainstay of business communications, the law is struggling to apply traditional contract law to the now standard method of communication.  Although email facilitates communications in a much less formal manner, the suggestion that “it was just an email” … Continue Reading

What’s in a Text? and Who gets to know?

While the recent focus of this blog has been on email, the Ninth Circuit handed down a ruling last week dealing with whether or not a government employee has a privacy interest in the text messages sent through work networks and equipment in Quon v. Arch Wireless.  The short answer is yes.  The more detailed … Continue Reading

Email, Email Everywhere and No Time to Think

While not one of the sexiest topics covered here, my previous post on email disclosures (here) generated a lot of feedback.  Emails appear to be a hot topic.  Here is a link to week long series from NPR’s Morning Edition on emails on everything from management, to emerging technologies to legal issues and invitations to include … Continue Reading

Overkill of the Email Disclaimers; But Why Not?

I was asked this week by a licensed professional engineer whether he needed to have email disclaimers on his outgoing emails. I was not able to find anything specifically that applied to engineers licensed in Texas, so I looked at the need and effect of general email disclaimers (a.k.a. the fine print at the bottom … Continue Reading