Insights / Analysis / Observations:
U.S. District Court for the Eastern District of Virginia

Spoliation Redux in Virginia: Rule 37(e) in the Spotlight

Rule 37(e) remains a lightning rod among the eDiscovery amendments to the Federal Rules. The Rule, which governs ESI spoliation instructions, produced by far the most heated discussions in the 12-year FRCP eDiscovery amendments process. The Rule is now the subject of a May 1, 2018 Judge Robert E. Payne opinion in Steves and Sons,  Continue Reading »

Supreme Court of Virginia Provides Added Guidance on Attorney’s Fees Awards

The Supreme Court of Virginia released three decisions in recent months that provide added guidance on attorney’s fees awards.   While these are state court decisions, it is Virginia law, not federal law, that governs attorney’s fees awards on matters arising under Virginia law in the federal courts.  For example, attorney’s fees awarded by a federal  Continue Reading »

SCOTUS Vacates 4th Circuit Decision on Trump Immigration Order

Readers of the EDVA Update have followed our coverage of the challenges to President Trump’s multiple immigration Executive Orders, including challenges starting in both the Eastern District of Virginia and the District of Maryland.  While President  Trump received an initial loss and then a qualified win in the Eastern District, he did not fare so  Continue Reading »

Supreme Court of Virginia Addresses the Reach of Conspirator Liability under the Virginia Business Conspiracy Act

The Supreme Court of Virginia recently addressed conspirator civil liability under the Virginia Business Conspiracy Act, Va. Code §§ 18.2-499 and -500.  Borrowing from Illinois law, the Court recited that “[t]he function of the conspiracy claim is to extend liability in tort beyond the active wrongdoers to those who have merely planned, assisted or encouraged  Continue Reading »

Government Official’s “Personal” Facebook Page is a Public Forum under First Amendment

In what will likely be one of his last opinions before retiring from the Eastern District of Virginia bench, Judge James C. Cacheris authored an important decision applying traditional free speech principles to a local government official’s Facebook page.  This opinion provides important guidance regarding an official’s ability to regulate speech in the emerging digital  Continue Reading »

Personal Jurisdiction in the Internet World Redux

In this Blog post, we look at two recent Judge Ellis decisions on personal jurisdiction: Zaletel v. Prisma Labs, Inc., 226 F.Supp.3d 599 (E.D. Va. 2016), and Thousand Oaks Barrel Co., LLC v. Deep South Barrels LLC, 2017 WL 1074936 (E.D. Va. 2017). It seems that the Alexandria federal court’s Friday Motions Docket often has  Continue Reading »

Fourth Circuit Pulls No Punches in en banc Ruling on Second Immigration Order

In writing for the majority in the Fourth Circuit’s May 25, 2017 en banc decision on the second Immigration Order, Chief Judge Roger L. Gregory pulled no punches.  The combined opinions of the Court in International Refugee Assistance Project v. Trump (No. 17-1351) span 206 pages, but in the opening paragraph of his majority opinion,  Continue Reading »

Two Must-Reads for e-Discovery Lawyers

There are two new must-reads for lawyers who frequently encounter e-discovery issues.   A decade after The Sedona Conference’s 2007 publication of The Sedona Principles (2d ed.), the Public Comment Version for the forthcoming third edition has been released.  This impressive work will certainly be recognized as the updated bedrock guidance on nearly all e-discovery issues.   Continue Reading »