Archive - 2005

Premiere Digital Access, Inc. v. Central Telephone Co., 360 F.Supp.2d 1168 (D. Nev. 2005)

Premiere Digital Access, Inc. (“Premiere”) is suing Central Telephone Co. d/b/a/ Sprint of Nevada (“Sprint”) for breach of contract, violation of the covenant of good faith and fair dealing, restraint of trade, and unconscionable contract. Premiere, an Internet service provider (“ISP”), had an agreement with Sprint whereby Sprint was to provide certain services to facilitate Internet access for Premiere’s customers. Read More

In re Asia Global Crossing, Ltd., 322 B.R. 247 (S.D.N.Y. 2005)

Asia Global Crossing, Ltd. and Asia Global Crossing Development Co. (collectively “Asia Global”) were pan-Asian telecommunication carriers which filed for bankruptcy under Chapter 11 on November 17, 2002. Asia Global had five principal corporate officers (“the Insiders”). The bankruptcy was converted to Chapter 7 on June 10, 2003 and Robert Geltzer was appointed trustee.

In July 2003, the Insiders’ counsel learned that allegedly privileged email had been left behind when Geltzer ordered the premises vacated (John Scanlon, the CEO, received the order while out-of-town and hastily complied.) The Insiders’ counsel asked Geltzer’s counsel to keep this email confidential. Allegedly privileged hard copy was later found to have also been left behind. It was segregated and held with the email. Read More

Burlington Northern & Santa Fe Railway Co. v. United States District Court for the District of Montana, 2005 WL 730193 (9th Cir. 2005)

Brian and Ryann Kapsner (“the Kapsners”) brought suit against Burlington Northern & Santa Fe Railway Co. (“Burlington”) on July 12, 2002, alleging that Burlington had dumped diesel oil and toxic solvents on their land resulting in contamination. The discovery process was fraught with controversy. The Kapsners filed their first request for production on November 6, 2002. Burlington responded on December 9, 2002, but without a privilege log despite both parties intending and expecting its production. Read More

Beck v. Atlantic Coast PLC, 868 A.2d 840 (Del. Ch. Feb. 11, 2005)

This case was brought as a class action seeking relief and damages in connection with the marketing and sale of “Window Power Tools.” This allegedly sham product, developed by Digital Millennium, Inc. (“DMI”) and Salaman Zafar of Pakistan and sold via Atlantic Coast PLC, was advertised as being capable of optimizing Windows. Heinrich Beck, the proposed class representative and alleged victim of the scheme, was in fact a savvy Internet user who was not victimized and decided to pursue those responsible for the product. Beck’s web page revealed his true identity and motivation, but its entirety was wrongfully withheld and only revealed via an Internet search by Atlantic Coast. Read More

Etzion v. Etzion, 2005 WL 689468 (N.Y.Sup. Feb 17, 2005)

In this matrimonial matter, Plaintiff moved by order to show cause for an order allowing her (with the help of a sheriff) to “gain access” to Defendant’s premises and impound, clone, and inspect items containing electronic data. The order was also to shift costs to Defendant and direct Defendant not to make business data inaccessible. The requests were denied, although the Appellate Division granted the part directing Defendant not to disrupt business data. Defendant opposed and cross-moved for a $15 million bond and making Plaintiff responsible for potential harm to his business interests. Read More