Thank you for sharing!

Your article was successfully shared with the contacts you provided.
A federal judge is deciding whether to throw out a suit filed by D.C.-based law and lobbying boutique Butera & Andrews alleging that IBM Corp. and an unidentified employee in its Durham, N.C., facility tried to hack into its e-mail system. The firm is suing IBM for attorney fees and more than $60,000 that it paid for outside counsel and to beef up its security. Butera & Andrews hired outside consultants after it “became aware of facts which suggested that the e-mail server through which the firm operated had been compromised by unauthorized parties” in November 2005, according to the complaint in-house counsel David Hart filed in the U.S. District Court for the District of Columbia in April. Private investigators identified more than 42,000 attempts to penetrate its e-mail system, which, according to the complaint, could be traced back to e-mail addresses from IBM’s Durham office. In June, Mary Ellen Powers, managing partner of Jones Day’s D.C. office, filed a motion to dismiss on behalf of IBM for failure to state a claim. “The case never should have been brought in the first place,” says Powers. “IBM had nothing to do with the plaintiff or its e-mail servers and it has no idea who was trying to hack into its system.” Butera & Andrews is seeking employment records for the Durham office, as well as maintenance logs and administrative rights logs, among other things, for 82 Internet protocol addresses that are registered to IBM. The firm argues that this information will help it identify the hacker. “They have admitted that the computer was owned by them, controlled by them, and operated under their supervision,” says James Butera of Butera & Andrews. The suit is awaiting U.S. District Judge Reggie Walton’s decision on the motion to dismiss.
Anna Palmer can be contacted at [email protected].

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.