In order to accommodate participant response, Glenn, Feldmann, Darby & Goodlatte has rescheduled its Electronic Data Seminar.

The workshop date is now April 7, 2009. The workshop will still be hosted at Glenn, Feldmann, Darby & Goodlatte’s newly renovated downtown offices located at 37 Campbell Avenue, S.W., Roanoke, Virginia 24011. Furthermore, the workshop will still commence at 11:00 a.m. and run through 1:00 p.m. Free lunch will be provided to all participants.

If you are interested in attending this workshop, feel free to contact us at (540) 224-8029 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it to reserve a space. All reservations must be confirmed before April 1, 2009.

We look forward to seeing you. Should you have any questions about the workshop’s content, or your company’s data retention policies, feel free to contact us at (540) 224-8029.

Power of Attorney May Be Difficult to Revoke

Taneeb v. Branch Banking & Trust Co., Inc., Action No. 7:08CV00439, 2008 WL 5262374, 1 (W.D.Va. Dec. 18, 2008)- Recently a federal court denied a wife’s efforts stop a bank from foreclosing on her home. Her ex-husband has used a power-of-attorney to get a loan secured by the home without her knowledge. Moreover, the wife had expressly revoked her ex-husband’s power-of-attorney. The bank did not know about this revocation. When he secured the loan, the ex-husband executed an affidavit indicating that the power-of-attorney was valid. Relying upon Va. Code Ann. § 11-9.2(b), the Court held that since the bank did not have actual notice of the revocation and the ex-husband executed an affidavit affirming his authority, the foreclosure could not be stopped. While the court conceded that the wife was an “innocent party” her only remedy was in a suit asserted against the husband.

In the age of electronic data storage, the amount of information that even small businesses are required to store has grown exponentially. While having large amounts of data and information easily available, the convenience of a digital workplace also gives rise to new responsibilities and related perils. From safeguarding confidential data to disposing of irrelevant files, business owners and managers are confronted with business challenges that may have unrecognized legal consequences.

In order to help business owners and managers recognize and navigate these developing legal obligations, Glenn, Feldmann, Darby & Goodlatte has prepared a two hour primer on the responsibilities associated with the retention of electronic data as well as the obligations surrounding the production of electronic data in a litigation context. It is important for every business owner and manager to be aware of their duties as well as the means by which they can best manage their data so that it does not become an unintended liability.

ISPs can not be forced to give out electronic data on their customers

In Re: Subpoena Duces Tecum to AOL LLC, 550 F.Supp 2nd 606 (E.Va. 2008) – In this case, the Court for the Eastern District of Virginia confirmed that electronic data maintained by an internet service provider may not, as a general rule, be produced in response to a third party’s discovery request. Relying on the Electronic Communications Privacy Act, 18 U.S.C. §§2701-2703, the District Court for the Eastern District of Virginia noted that internet service providers are obligated to protect their customers’ information from public disclosure. Since the Electronic Communications Privacy Act does not exclude from its coverage disclosures made pursuant to a subpoena, the disclosure of these materials may not be compelled and may in fact be prohibited.

We are at the time of year when our thoughts turn to giving—of thanks and more tangible items. The musings here will not reflect upon charitable giving--that is for a later entry. Rather it will deal with the more mundane and practical aspects of gifts to individuals, typically (but not necessarily) family members.

We first note the personal gratification of gift-giving and the generous impulses that inspire it—but there are also tax considerations.

If income-producing assets, e.g., corporate stock with dividend potential, are the subjects of gifts, income can be “split” among family members thereby reducing the overall income tax burden on the family. Also, property that is the subject of a gift is removed from the donor’s estate for estate tax purposes.