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Cross-border marketing of products or services by an overseas company (a body corporate incorporated outside of Bermuda) to customers in Bermuda could be construed as carrying on business in Bermuda and, if so, would be...more
The digital revolution has fundamentally changed the way businesses and individuals conduct transactions. Electronic contracts and electronic signatures have become vital to modern commerce, enabling efficiency and...more
On February 25, 2025, the United States District Court for the Western District of Washington issued a cautionary decision for all businesses that employ “Refer a Friend” promotions. In Jensen v. Capital One Financial Corp.,...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of February 16-22. Here’s what’s...more
The way we communicate has changed dramatically in recent years, with businesses and individuals moving from traditional email to cloud-based collaboration platforms like Microsoft Teams, Slack, WhatsApp, Skype, and Telegram....more
Companies frequently wish to record telephone conversations related to their operations, customers, or business transactions. In response, the U.S. Congress and most state legislatures have enacted statutes and regulations...more
Keypoint: Courts continue to issue conflicting decisions in wiretapping cases while one court has expanded who may be considered a “video tape service provider” under the VPPA. Welcome to the eleventh installment in our...more
On Thursday, October 8, 2015, California Governor Jerry Brown signed into law the Electronic Communications Privacy Act (the “California ECPA”). This legislation, which takes effect on January 1, 2015, has been heralded by...more