Mt. Hawley Ins. Co. v. Felman Prod., Inc., 2010 WL 1990555 (S.D. W. Va. May 18, 2010) Where plaintiff (Felman Production, Inc.) failed to take sufficiently reasonable precautions to prevent the disclosure of a privileged email, privilege was waived. In this case, the court addressed a number of issues, including the parties’ compliance with their… Continue Reading
For anyone who hasn’t heard, a school district in Pennsylvania has recently come under fire for using the webcams on school-issued laptops to capture images of students both during and outside of school hours – about 56,000 of them, according to reports. According to the complaint filed in this case, students and parents were not… Continue Reading
Washington State Bar Association: Washington Civil Procedure: Let’s Do it Right! – How to Navigate Washington’s Civil Rules for Your Client’s Benefit May 26, 2010 8:25 AM – 4:45 PM Red Lion Hotel, Emerald Ballroom II 1415 Fifth Avenue Seattle, WA K&L Gates Partner Todd Nunn will present a discussion entitled, “Electronic Discovery: What You… Continue Reading
Passlogix, Inc. v. 2FA Tech., LLC, 708 F. Supp. 2d 378 (S.D.N.Y. 2010) Upon finding that defendants spoliated relevant information, including emails, Skype messages, and computer logs, the court declined to order an adverse inference, to preclude defendants from the presentation of arguments implicating the discarded documents, or to order defendants to pay plaintiff’s costs,… Continue Reading
In what may be the first opinion of its kind, the North Carolina Bar Association has drafted a proposed ethical opinion addressing lawyers’ use of “software as a service” ("SaaS"). The proposed opinion concludes that lawyers “may contract with a vendor of software as a service provided the risks that confidential client information may be… Continue Reading
Wilson v. Thorn Energy, LLC, 2010 WL 1712236 (S.D.N.Y. Mar. 15, 2010) In this case, the court ordered sanctions for defendants’ failure to preserve relevant data where defendants failed to back up a flash drive containing all relevant financial records and where that data was lost as the result of the flash drive’s failure.
Effective May 1, 2010, New Castle County, Delaware, has created a new division known as the Complex Commercial Litigation Division. Available for prescribed categories of cases, including cases with an amount in controversy of more than $1 million (excluding certain types of actions, including, e.g., claims for personal, mental or physical injury), the new division… Continue Reading