Date: April 05, 2019
Time: 12:30-1:25 p.m.
Location: Henry W. Bloch Executive Hall Auditorium, 5108 Cherry St., Kansas City, MO 64110
Nixon Peabody partner Jon Sablone will be participating as an advocate in a mock hearing at the National eDiscovery Leadership Institute (NeLI) 2019. The case being represented in the mock hearing is Lynyrd Skynyrd v. Python.
From the event website:
It takes a large team to make a biopic of a rocker as legendary as Lynyrd Skynyrd. In this dispute, Skynyrd sold his movie rights to film director Steven Python. Python was to make a movie depicting Skynyrd’s life. Two years into the project, Python and his team had yet to produce even a single frame of film. Convinced that Python is lying about the hours spent creating the non-existent movie, Skynyrd filed an action in federal court alleging causes of action for fraud and breach of contract. Python alleges that he had his former assistant, Jen, track all of the time spent on the film (for study by future film students, of course). Jen logged the daily film schedule using an industry proprietary app called CalendarRocksapp, which she had downloaded to her mobile device. Unfortunately, Python fired his assistant just as relations with Skynyrd were breaking down. The user license for the CalendarRocks app was purchased with the Python Co. credit card (and expensed through Skynyrd’s account). Jen’s company email was terminated the day of her firing, which occurred a week ago. The CalendarRocksapp license allows Jen to have access to the logged data for just two weeks past the termination date of her company email account. Jen, still upset from her firing, claims to have forgotten the CalendarRocks password and has no incentive to try and help Python defeat the litigation brought against him by Skynyrd. Counsel for the Parties have rushed into court for an emergency hearing in order to determine: Who owns the data (Jen, Python Co., the app company)?, Who is obligated to preserve it (Jen, Python Co., the app company)?, Who is responsible for collecting it and how (e.g. will a third party subpoena work? If so, how does one get around the short amount of time before potential deletion occurs)?, What can be done if the only way to access the data is through Jen’s personal mobile device? Answers to these questions and the ability to obtain this important data will either vindicate or sink Skynyrd’s action against Python.
For more information and to register, visit the National eDiscovery Leadership Institute website.