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Whitepapers & Case Studies

Whitepapers

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Legal Electronic Notice and Signature Requirements: A Corporate Counsel Guide for Factors, Asset-based Lenders & Financial Intermediaries

JMBM White Paper: This Guide written by Robert Braun and Stanley Gibson, law partners at Jeffer Mangels Butler & Mitchell LLP, was developed for Factors and Specialty Lenders to guide them in gaining a competitive edge by using electronic delivery methods, electronic records and electronic signatures.

A variety of businesses have adopted electronic methods to deliver, accept and store documents and legal notices.  The driving force behind the decision is generally the efficiency and lower cost of utilizing electronic, instead of physical, documentation.

Among the industries that have been reluctant to enter into electronic transactions on a broad basis are factors, asset-based lenders and other specialized financial intermediaries.  Because concerns that arise when moving from paper, fax, and mail to electronic delivery and electronic signatures are real, this paper explores the issues and discusses how a reliable document delivery system with proper implementation of electronic record-keeping and electronic transactions is an effective solution.

Email Encryption Services Buyers' Guide - 2011 Update

CIAB White Paper: This paper was developed in response to The Council members’ requests for guidance on which email encryption service would best help them comply with heightened regulations regarding email encryption in certain circumstances. Why is this important now? There is a recent dramatic expansion of HIPAA’s regulatory net. Email encryption is the best method of complying with data privacy rules. The Council’s members report the marketplace for email encryption services has become sufficiently complex to evaluate; the vendor selection process is complex.This analysis has been reviewed and tested by The Council for accuracy. The Council interviewed member firms using the email encryption vendors discussed in the analysis, to confirm accuracy of the analysis results. From this review The Council believes the framework and results are a fair and useful representation of the marketplace, based on publicly available information. In 2010 and 2011, The Council reported its top technology pick in its Email Encryption Buyer’s Guide as RPost.

Converting Legal & Contract Notices from Paper to Electronic Delivery: A Corporate Counsel Guide.

JMBM/IACCM White Paper: This Guide written by Jeffer Mangels Butler & Mitchell LLP partner Stanley Gibson helps you safely move contract or legal notices from certified mail, traditional fax, and courier delivery. Readers will learn how to send notices by electronic means and receive irrefutable proof of compliance with notice requirements, essential to managing business risk. Readers will learn though example of common pitfalls and misconceptions with many electronic services, view a side-by-side comparison of technologies and service providers, and take away a scorecard that rates software, services, and methods across a list of best-practice requirements. This Guide provides all of the detail legal professionals, contract managers, and technologists would need to implement an electronic delivery service that provides for all of the considerations and legal requirements essential to give electronic notices the highest evidential weight. This Guide will give you the knowledge and methods you should know for obtaining legally valid proof of delivery, content, and time for critical email and notices. It will provide you with the upper hand in case of any dispute about who said what to whom and when.

From E-Discovery to E-Admissibility? Lorraine v. Markel and What May Follow.

Locke Lord Bissell & Liddell White Paper: The decision in Lorraine v. Markel American Insurance Company, 2007 WL 1300739 (DMd May 4, 2007) by United States Magistrate Judge Paul W. Grimm is an excellent guide to an important aspect of the care that MAY be or become necessary when parties attempt to offer electronic information in evidence.

Proper Management of Electronically Stored Information (ESI) Requires Collaboration of Technical and Legal Expertise

RPost White Paper: This piece was written for inclusion in a CIO textbook to be published by the Public Technology Institute. It attempts to explain that while electronic transactions can create new opportunities and reduce operating costs, without proper protections the real costs of transitioning from paper to electronic can become a major concern, but one that is often overlooked until costly litigation arises. Without proper accountability all efficiency and cost savings can be lost. Authored by Frank Maguire, Vice President Business Planning & Strategy, RPost®, and past Senior Deputy Comptroller of the Currency, under Comptroller Robert L. Clarke.

Top Tips for Email Management

By Nancy Flynn, Executive Director, E-Policy Institute

Comprehensive guide of best practices to sucessfully manage email, to maximize compliance and minimize risk.

E-Discovery Tools: Don't be forced to settle!

JMBM LLP White paper: Jeffer Mangels Butler Marmaro LLP Discovery Technology Group releases a white paper that discusses a simple, elegant and inexpensive way for corporations to be prepared for the new U.S. federal e-discovery rules, citing RPost services as the recommended solution.

The Registered Email System and the Law

RPost Whitepaper: This white paper discusses RPost Registered Email® technology and its relevance to the legal status of email communications. Despite recent legislation guaranteeing electronic messages the same legal status as paper documents, email messages can be legally worthless if their receipt or content is disputed. RPost Registered Email® technology offers a solution to this problem by providing proof of content and delivery.

Does Email Have the Same Evidentiary Foundation as Paper and Post Mail?

RPost White Paper: Does email has the same evidentiary foundation as paper-and-post mail? Some of the legal risks of standard email, misconceptions of various email security solutions in the market, and the evidentiary value of the RPost Registered Receipt message.

Evidential Value of Email

DataSec White Paper: A white paper on the evidential value of email. Email is significantly different from paper mail. Verification of the mail audit trail is essential if best evidence is to be presented. In a case where allegations are made that email was never sent or received, a paper-based copy of an email without that audit trail is significantly devalued evidentially.

Cautionary Note: E-Records Retention & Management

RPost White Paper: Background on new legal requirements for proper records retention & management systems and recent regulatory cautions and study relating to electronic transactions.

Electronic Records Management & Compliance

Kalypton White Paper: Electronic Records Management Email Compliance. This document covers the issues and requirements for achieving a compliant email solution.

Registered Email Service and Compliance:

RPost White Paper: White paper on the Registered Email service and compliance with transaction documentation and recordkeeping requirements such as SEC and Sarbanes-Oxley requirements, authored by Frank Maguire, Vice President Business Planning & Strategy, RPost® and past Senior Deputy Comptroller of the Currency, under Comptroller Robert L. Clarke.

Case Studies

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Close Deal with Registered Email®

Industry/Functional Area: LEGAL (Corporate Investing, Venture Capital), Investing, Banking, Corporate.
Abstract: Symantec closes investment deal fully electronic, using the Registered Email® system and electronic signature law. Cost and time are greatly reduced and paper storage is eliminated.
Companies Involved: Symantec, Heller Ehrman, Appleby Spurling Hunter, Allens.

Confirm Disputed Transactions

Industry/Functional Area: Procurement, Contracting, Supply, Fulfillment.
Abstract: The Registered Email® system saved thousands of dollars in a dispute with a supplier regarding contractual terms.
Companies Involved: CharterAuction.

Protection in Email Dispute

Industry/Functional Area: Insurance, Agents, Brokers.
Abstract: Insurance agency uses the Registered Email® service to bind coverage and avoids an E&O lawsuit when a dispute arises with the insurance carrier around the time the binder notification was delivered.
Companies Involved: Frankel & Associates Insurance.

ERISA Requirements - Protection from Investment Loss Liability

Industry/Functional Area: Officers, directors, board members, 401(k) Plan committee members and administrators, trustees, investment advisors and managers.
Abstract: Corporations, officers, board members, and plan administrators are being sued for recovery of 401k investment losses due to failing to comply with ERISA disclosure requirements. The Registered Email® system solves problem.
Companies Involved: Enron, Keller Rohrback.

Accountability in Real Estate Transactions

Industry/Functional Area: Real Estate brokers and agents, property owners, property buyers and insurance companies.
Abstract: Real Estate transactions, like the offer and counter-offer process, demand accountability. The Registered Email® system is a cost savings tool that provides a simple but robust solution that adds accountability and protects bid and counter-offer confidentiality in common real estate transactions.
Companies Involved: The Rick O'Connor Group, a Re/max member.