Electronic Problems.

One of the unique challenges for small business owners is the necessity for you to be something of a Renaissance person, the need to be proficient in everything, IT, accounting, logistics; and as they say, when you're in charge, everything is your fault.

Our e-mail system was operating perfectly for years; at least, that's what we thought.  You'd think that if your e-mail was allowing messages to be delivered to you, and you were able to send messages, that would be the definition of "functioning," and you'd be right as long as you had checked all of the addresses in your domain.  To our surprise and dismay, messages sent to "info@downyok.com" were not getting through to us!

We fixed it, but we did miss quite a few messages, and if we missed yours, we are deeply sorry for any inconvenience it might have caused.  We are confident that we've now fixed it, and hope that you'll write us if we can help you with your labor, employment, and criminal law needs.


This teaching moment has also highlighted just how important electronic communication has become in the modern workplace.  Indeed, for attorneys, it is now more critical than ever that lawyers understand the unique challenges presented by electronic mail in particular, since most jurisdictions are in the process of implementing electronic filing and service by e-mail.

What is particularly concerning to me, however, is the apparent lack of understanding as to how easily electronic mail is to "spoof" versus traditional mailing.  If you tamper with the mail, it's a federal offense, but tampering with electronic mail as it currently works is much more tricky to prosecute, and much easier to perpetrate.  It remains to be seen if and how this affects the adoption and implementation of electronic services of the clerks of the various courts.

As an employer, electronic mail becomes even more tricky when you become aware that litigation is pending, because you become responsible for spoliation, the destruction of evidence that might be relevant to the lawsuit.  Plaintiffs who sue an employer will often send  a notice that they are requesting a "hold" on all documents in the possession of the employer, which usually includes electronic mail that is stored on servers under the employer's control.  Once an employer receives a letter demanding money, it's always a good idea to immediately cease all of the employer's normal document destruction procedures and to stop deleting any and all e-mails until an employment lawyer is consulted, to avoid sanctions from a court down the road for spoliation.