June has brought privilege and inadvertent disclosure to the forefront in Virginia, with recent decisions on the subject from both the U.S. District Court for the Western District of Virginia and the Supreme Court of Virginia, and a new state statute that takes effect on July 1.
Continue Reading...Yesterday, the United States District Court for the Western District of Virginia formally adopted local rules for the first time, effective April 8, 2010. A copy is available here.
None of the local rules are directed only at IP cases. But litigants seeking to protect their intellectual property while in litigation in the Western District will certainly want to take note of Local Rule 9, which now sets forth details (with brief commentary on the governing Fourth Circuit case law) regarding how documents may be filed under seal.
IP litigants also will need to be cognizant of Local Rule 54, which provides that, unless otherwise provided by statute, rule, or court order, a motion seeking an award of attorney's fees must be filed within 14 days of entry of judgment, and that noncompliance with that deadline may be deemed a waiver.
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