Commercial law expert and Willamette University Associate Professor of Law David A. Friedman commented in a Portland Business Journal (PBJ) article that discussed Oracle’s latest legal tactic in its ongoing dispute with the state over the failed Cover Oregon website.
PBJ reports that Oracle is asking a judge to hold the state of Oregon in contempt and to fine it $100,000 for allegedly leaking documents to a news reporter. The company contends the state distributed copies of a motion to the press on Jan. 13 that contained “incompetently redacted” versions of internal emails that Oracle had marked confidential or for “Attorneys’ Eyes Only.”
According to the article, the state contends Oracle is asking for sanctions over “a single, inadvertent mistake” by the state’s counsel when redacting its motion. It acted to prevent disclosure “within minutes of discovering the redactions could be undone.” The state’s counsel “regret their error and have taken steps to avoid future missteps.”
In the report, Professor Friedman said it’s not clear what exactly happened.
“If you’re representing Oracle, you need to do this, because you can’t just have protective orders and have the information get out somehow,” Friedman said. “You want to put (the state) in a position to account for it.”
The spat won’t make a huge difference in the long run, he said.
“It will not have an impact on the overall disposition of this case,” Friedman said. “In the end, this doesn’t matter, it’s not the missing piece that’s going to resolve it. When we look back on this, it’s going to be a speed bump.”
Read the full article on bizjournals.com.
About David A. Friedman
David A. Friedman is an associate professor of law at Willamette University College of Law, where he teaches commercial law, business law, torts, and consumer trade practices law and his scholarship focuses on behavioral economics, contract theory, advertising law, and public health. Friedman received the Jerry E. Hudson Award for Excellence in Teaching in 2012. His publications have appeared in leading law journals and large-circulation public media.
About Willamette University College of Law
Opened in 1883, Willamette University College of Law is the first law school in the Pacific Northwest. The college has a long tradition at the forefront of legal education and is committed to the advancement of knowledge through excellent teaching, scholarship, mentoring and experience. Leading faculty, thriving externship and clinical law programs, ample practical skills courses, and a proactive career placement office prepare Willamette law students for today's legal job market. According to statistics compiled by the American Bar Association, Willamette ranks first in the Pacific Northwest for job placement for full-time, long-term, JD-preferred/JD-required jobs for the class of 2014 and first in Oregon for the classes of 2012, 2013 and 2014. Located across the street from the state capitol complex and the Oregon Supreme Court in downtown Salem, the college specializes in law and government, law and business, and dispute resolution.