Protecting Your Organization: Eastern District of Virginia Rules Cybersecurity Incident Report Not Privileged Work Product


On May 26, 2020, in In re Capital One Consumer Data Security Breach Litigation, MDL 1:19md2915 (E.D. Va.) the Federal District Court for the Eastern District of Virginia (Alexandria Division) (Anderson, J.) held that a forensic investigation report conducted by a third-party investigator under the direction of outside counsel on behalf of Capital One in… Read more »

Virginia Companies Doing Business With California Residents

Gallo, Jonathan V. 02/12/2020

Take Notice; The California Consumer Privacy Law Took Effect on New Year’s Day! On January 1, 2020, the California Consumer Privacy Act (CCPA) took effect, and with it come additional data privacy rights provisions that affect certain businesses that collect or sell the personal information of California residents.  This post will summarize the main provisions… Read more »

ADA Website Accessibility: California Court Requires Restaurant to Comply – At Additional Cost

Gallo, Jonathan V. 02/04/2020

A California appellate court recently ruled in Thurston v. Midvale Corp. that a restaurant is required to bring its website into compliance with Web Content Accessibility Guidelines (WCAG) 2.0. The court’s decision is in line with numerous courts that have held websites that are covered by the ADA when connected to a physical place of… Read more »

Is Denial of a Motion to File a Surreply Really a Denial if the Court Reads it Anyway?

Dustin M. Paul 10/23/2019
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Everyone likes to have the last word.  Indeed, often dubbed the “recency effect” there is scientific support that going last may increase persuasion.  But in ordinary motions practice in the EDVA, the movant both goes first and last.  Local Rule 7(f)(1) does allow the non-movant to request leave of court to file a surreply. I… Read more »

The Return of Corpus Linguistics

Dustin M. Paul 10/16/2019
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On a previous post on the blog, we discussed the increased judicial focus on “corpus linguistics,” the use of searchable databases to find specific examples of how a word is used at a given time.  The idea got additional appellate attention, again, at the instigation of Judge Thapar of the Sixth Circuit. In Wright v…. Read more »

Upcoming CLE—Be the Exception to the Rule: Beyond the Basics of Federal Court Practice

Dustin M. Paul 10/10/2019
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Please consider joining well-respected federal litigator Jim Theuer and (less well-respected) me as we present a 2-hour CLE on advanced issues in federal court practice.  The CLE is sponsored by the NPBA, and registration information is here.  We anticipate the first hour will be dedicated to how to get into and stay out of federal… Read more »

It’s Not Over ‘til it’s Over

Dustin M. Paul 10/04/2019
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A motion to enforce a settlement agreement in the EDVA is a good reminder that until all the paperwork is signed, and the money is in your client’s hand, cases are not necessarily over.  In Brunelle v. Norfolk Southern Railway Co., 2:18-cv-290, the Plaintiff requested the Court reopen the dismissed case and enforce the settlement… Read more »

You Can’t Win if You Don’t Play

Dustin M. Paul 09/30/2019
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In a terse opinion, Judge Jackson dismissed the claims of the plaintiff in Mortensen v. SeaWorld Parks & Entertainment, LLC, 4:19-cv-00038.  The defendant served discovery on May 15, 2019.  But the plaintiff apparently never communicated with her attorney despite attempts on May 23, May 31, June 1, June 4, June 5, and June 10.  Hearing… Read more »