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

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 »

Failure to Use Basic Security Protections when Transferring Electronic Files Results in Waiver of Privilege

The Attorney/Client Privilege and Work Product Protection for a video file transferred via Box.com was lost when a client failed to use basic security precautions.  A February 2017 ruling by a Western District of Virginia magistrate judge in Harleysville Insurance Company v. Holding Funeral Home, Inc. (Case No. 1:15-cv-00057) should reinforce a requirement that lawyers  Continue Reading »

C-Span to Broadcast Live Audio of Today’s 4th Circuit’s Argument on Immigration Executive Order

The Fourth Circuit will hear en banc the oral argument today at 2:30 pm in International Refugee Assistance Project v. Trump.   For the first time (that we know) the Court will allow a live audio broadcast of proceedings. Earlier this year the Ninth Circuit permitted the live audio broadcast of the argument on the prior  Continue Reading »

En Banc 4th Circuit to Hear Trump Immigration Executive Order Appeal

The Fourth Circuit Court of Appeals will sit en banc to hear the latest appeal regarding President Trump’s second Executive Order regarding immigration.  All active judges of the Fourth Circuit will now participate in oral argument scheduled for May 8th in Richmond, instead of the customary three-judge panel.   This decision comes from the Fourth  Continue Reading »

EDVA: Legal Malpractice Does Not Give Rise to Breach of Fiduciary Duty Claim

A claim of legal malpractice by client against a former attorney does not, at the same time, give rise to a breach of fiduciary claim under Virginia law, according to Judge Henry Hudson of the Eastern District of Virginia (Richmond Division).  Judge Hudson’s ruling is a development in the law of fiduciary duty, and it  Continue Reading »

Suing a URL: A Roadmap to a Cybersquatting Action

As more economic activity occurs online, internet domain addresses are increasing in value, especially for small- and medium-sized businesses.  Businesses of all sizes need to pay attention to the security of their internet domain addresses, and a recent EDVA decision highlights the dangers of losing control of a business’s domain address. In Jacobs Private Equity,  Continue Reading »