Wash. Court Revives Davis Wright Call-Recording Suit

Law360, New York (January 22, 2014, 6:55 PM EST) -- A Washington state appeals court on Tuesday reversed Davis Wright Tremaine LLP’s victory over a telecommunications executive who claimed the firm secretly captured a private conversation that sank his employer’s $28 million contract suit against T-Mobile USA Inc., ruling that such recordings are not protected litigation activity.

The intermediate Washington Court of Appeals unanimously overturned a trial court order that declared the firm’s decision to transcribe a call between former NetLogix Vice President Jason Dillon and two attorneys representing T-Mobile to be lawful evidence-gathering protected under...
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