Foley represented Carbonite, Inc. originally in connection with patent infringement litigation filed by Oasis Research against Carbonite and 16 other defendants. During the course of that litigation, Oasis filed civil RICO claims against Carbonite and against co-defendant EMC. In June 2015 Foley's securities litigation team undertook the representation of Carbonite on the civil RICO claims in expedited proceedings. The case is set for trial in November 2015.
During the course of discovery, the district court ordered certain privileged documents to be produced. Carbonite has filed a mandamus petition with the Court of Federal Claims and a motion to stay the order to produce the privileged documents. On September 11, 2015 the Court of Federal Claims granted Carbonite’s motion for stay of the order, and is now undertaking expedited briefing in support of Carbonite’s mandamus petition.