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Couriouser and Seriouser for Tenenbaum

By Howard Knopf, Esq.

As blogged by both Beckerman and Sheffner, the District Court in Boston is poised to sanction Joel Tenenbaum and/or his famous lawyer, Harvard Prof. Charlie Nesson:

Judge Nancy Gertner: Electronic ORDER entered; "The Court is deeply concerned that the Defendant has violated the Court's June 16, 2009 Order [850] as well as the Court's oral order at the June 26, 2009 hearing. Both orders made clear that deposition recordings, while permitted within the terms of Rule 30(b)(3), were not to be made public via the internet. Indeed, at the hearing, the Court said that "recording" the upcoming deposition did not mean "posting it on the internet," to which Mr. Nesson replied, "Okay. Thank you." Although Mr. Nesson did not object to the order, seek to clarify it, or raise any issue with respect to either the fact of the order or its breadth, he nevertheless made portions of the Palfrey deposition available to the public on the Berkman Center website. See http://cyber.law.harvard.edu/~nesson/palfrey%20_deposition01.mp3 (last visited July 7, 2009); http://cyber.law.harvard.edu/~nesson/after_my_tweet.mp3 (last visited July 7, 2009). As a result, the Defendant is hereby ORDERED to SHOW CAUSE, by July 9, 2009, why he or his counsel should not be sanctioned for what appears to be blatant disregard of a court order on an issue that the Court has addressed repeatedly in this case." (Gaudet, Jennifer) [link to June 16 order added by C&C; URLs re .mp3s were in original]

This stems from Prof. Nesson's apparent proclivity for posting things he shouldn't to the internet in contravention of apparently clear court orders.

Here's Nesson's position.

Even though it hardly seems possible, the Tenenbaum saga keeps getting curiouser and curiouser.

Perhaps unfortunately for Joel, it is also getting seriouser and seriouser.

Sanctions are not a tea party.

HK

Full post as published by Excess Copyright on July 07, 2009 (boomark / email).