Virginia’s new codified Rules of Evidence became effective on July 1, 2012. In an article in Virginia Lawyers Weekly, five of the rules were highlighted. One of those highlighted rules was Rule 2:408, “Compromise and Offers to Compromise.” The terms of this rule differ from the terms of the Federal Rule of Evidence 408, but those differences will not be explored in this post. Instead, this blog post will review Virginia Rule of Evidence 2:408, and its possible implications for settlement discussions and mediation.

Continue reading “Do the Virginia Rules of Evidence change settlement negotiations and mediations?”

The 2-Minute Drill

We continue to warn about the dangers of email scams, safe emailing, and protecting the attorney-client privilege. Here are a few more reasons why.

1.  In this litigation, in-house counsel for defendant received inadvertent emails from plaintiffs. In-house counsel passed them onto attorneys representing the defendant. The court ruled that act tainted the defendant’s attorneys and ordered them replaced.

2. Mom’s children shared an email account with mom. Mom communicated with her attorneys on that account. Court said that sharing waived her attorney-client privilege.

3. Finally, in what seems a nonsensical decision, a man suspected his wife of an affair. On their shared laptop, he logged into her Google gmail account and found, what he considered incriminating evidence. He turned over the emails. Now he is being prosecuted under an anti-hacking statute.