back to article Lawyer's Microsoft email snafu goes from $1.75M lawsuit to Ctrl+Alt+Settle

The New Jersey attorney who sued Microsoft for $1.75 million claiming verification gremlins had cut him off from his paid work email filed for voluntary dismissal on Friday. The attorney had originally claimed back in June that the snafu had cut him off from judges and clients, meaning he couldn't tackle his caseload, and …

  1. Pascal Monett Silver badge
    FAIL

    Typical lawyering

    Work the hype on righteousness and morals, and fold as soon as the check arrives.

    You could have made a public case that forced Borkzilla to change its attitude and made it more conscious and careful, but no, you took the easy way out.

    Pfft.

    1. Paul Herber Silver badge

      Re: Typical lawyering

      Won't somebody think of the money!

      1. b0llchit Silver badge

        Re: Typical lawyering

        Yeah, lawyers have to make a living too!

        /s

    2. Flocke Kroes Silver badge

      Re: Typical lawyering

      For all we know, he got the whole $1.75M + court costs + legal fees and possibly a working email address.

      If there had been some real chance of Microsoft being legally required to provide quality customer support then congressmen and senators would have well funded re-election campaign funds until the judge was replaced and the law was fixed.

    3. Zippy´s Sausage Factory
      Devil

      Re: Typical lawyering

      I suspect that he felt MS had a decent chance of getting the jurisdiction motion, and decided that their settlement was enough to pay for the hassle of moving to a more reliable email service. Like Google.

      Hahahahahahaha, no but seriously...

    4. anothercynic Silver badge

      Re: Typical lawyering

      We don't know whether a cheque was involved, or maybe someone high up in Microsoft figured out the reason for the loop, extricated the lawyer from said loop (which is what he wanted in the first place), and then offered compensation for damages/inconveniences incurred.

      I mean... I would also pull a lawsuit if what I was asking for was eventually delivered... although having the lawsuit rumble through to make a point is a nicety.

    5. Anonymous Coward
      Anonymous Coward

      Re: Typical lawyering

      I have no issue with MS being punched in the wallet for failing to provide customer service. Going for their money is the only thing these large corpos understand.

      US$1.75mn actually sounds low to me if one considers the downstream harm MS's shoddy service may have caused.

    6. abend0c4 Silver badge

      Re: Typical lawyering

      That's not how civil cases work.

      Judges are extremely unsympathetic to lay litigants who insist on taking up court time despite having been already offered a reasonable settlement. They'd crucify a lawyer.

    7. Bitbeisser

      Re: Typical lawyering

      Where's the surprise? It's a lawyer, they are usually in for the money only anyway....

  2. Michael Strorm Silver badge

    "Ctrl+Alt+Settle"

    To be fair, he couldn't settle for less- he needed that much to fund production of a custom keyboard with a special "Settle" key.

    1. An_Old_Dog Silver badge

      Re: "Ctrl+Alt+Settle"

      In Emacs you could bind the string, "Settle" to a key combination ... but that wouldn't do anything for you while you were using MS Word...

      1. ariels-again

        Re: "Ctrl+Alt+Settle"

        That's "Meta" to you, you, you vi-lover!

  3. ChoHag Silver badge

    Just use your backup email address that your ethical obligations for continuity of service mandate that you have. The IT administrator that you fired and replaced with a cheaper outsourced hell desk can probably advise you on setting that up.

    > opened him up to the risk of being accused of serious ethical violations

    Is "but he made me do it" a permissible defense for your clients?

    1. veti Silver badge

      A backup email address is of limited help if it doesn't give access to all the correspondence that's waiting in your primary inbox.

      1. Anonymous Coward
        Anonymous Coward

        the verification code/password reset/whatever gets sent to the backup address.

  4. Andrew Barr

    locked out of MFA

    Very odd....

    I managed to lock myself out of my personal O365 admin account due to my phone with my MFA app on it breaking.

    Emailed MS support, answered some questions about my account and got the MFA reset pretty quicky. In terms of fix time it took about 3 days from initial support request and a couple of calls from Microsoft.

    Something is very fishy here.

    1. J. Cook Silver badge
      Devil

      Re: locked out of MFA

      ... which is why you set up multple means of authenticating yourself, which is not all that difficult to do with MS's web site.

      1. ITMA Silver badge

        Re: locked out of MFA

        With at least one of them NOT being the account you could potentially be locked out of.

        Having said that, Microsoft are getting much more "very arms length while holding a 30ft barge pole" when it comes to dealing with the proletariat.

  5. lglethal Silver badge
    Trollface

    "opened him up to the risk of being accused of serious ethical violations"

    I thought him being a lawyer pretty much guaranteed he'd be accused of serious ethical violations! I mean that's almost the definition of being a lawyer, isnt it?

  6. Marty McFly Silver badge
    FAIL

    I am afraid we are going to see more of this...

    More and more businesses (especially financial orgs) are pushing the 'save a tree, get an email' agenda. With the postal service, put a first class stamp on it an it is legally 'deemed received'.

    However, this does not translate to email. Hitting 'send' does not mean the email was necessarily received. I am currently fighting a false positive problem with my ISP's anti-spam technology where legitimate bills & statements are getting routed to a junk folder. This results in missed communications that potentially have financial implications. Unfortunately businesses are doing a CYA with a forced EULA absolving them of responsibility.

    As I reflect on this, it is surprising to make this conclusion... For all their faults, the postal service loses far less important communication than modern electronic communications.

    1. Anonymous Coward
      Anonymous Coward

      Re: I am afraid we are going to see more of this...

      I have to disagree. While I do, on occasion, get "real" emails misdirected to my spam folder, it's rare - and they're still in my spam folder. But when the postal service delivers a letter to the wrong address, or outright loses it, I never even know it was sent. And ours typically takes a week for anything to arrive.

  7. ACZ

    Maybe helped with court submissions?

    If he was without email for 14+ days, that's a big risk in terms of missed deadlines. By initiating proceedings against MS, I'm wondering if that gave him some useful leverage with courts/tribunals to say that not responding/missing deadlines was the fault of MS (despite him making all reasonable efforts and some more) and please can he have an extension on that deadline.

    1. anothercynic Silver badge

      Re: Maybe helped with court submissions?

      Exactly. And I'm sure a judge would be sufficiently understanding, on the proviso that the lawyer ensures that this does not happen again. Which he'll probably arrange accordingly.

  8. NightFox

    Aren't service providers' liabilities normally limited in cases like this? Same way that if I post something worth millions with just a first class stamp on it and it goes missing, I couldn't then expect Royal Mail to be liable for its value. Given that service providers have no control over the value associated with use of their services and in the absence of any specific guaranteed level of service, then this would seem reasonable. If loss of an email account could have such massive financial consequences for a business, then maybe better business continuity planning was needed?

    1. Anonymous Coward
      Anonymous Coward

      In the US, the postal service losing a letter with a first class stamp means they have to pay ... oh, nothing at all, they're just expected to make an effort to deliver. Much like insurance on a package just means they have to deliver it - it can be destroyed in transit, but if they can show that the remains were delivered, then no insurance claim.

  9. trindflo Silver badge

    service providers' liabilities normally limited

    IANAL, but I think there are exceptions for gross/willful negligence that prevent limiting liability.

  10. Tanaka

    A little confused...

    ... why he didn't transfer his work email over to another provider after a few days until the issue was resolved. Did he not own his own domain? Business continuity lesson here.

    1. TimMaher Silver badge
      Facepalm

      Re: A little confused...

      …and use the telephone.

      Explain things to courts and clients using plain speech.

    2. Ken Moorhouse Silver badge

      Re: why he didn't transfer his work email over to another provider

      Trouble is that scammers will use that trick too.

      Does anyone here remember the conveyancing crash of 2021?

      https://www.estateagenttoday.co.uk/breaking-news/2021/11/largest-online-conveyancer-suffers-long-multiple-systems-outage

    3. TiredNConfused80

      Re: A little confused...

      I think the main problem he had is that he couldn't get into the court system (as it emailed a verification code to the registered email address, which he couldn't get into).

      He probably could have changed it, if he could have logged in, which he couldn't....

  11. Anonymous Coward
    Anonymous Coward

    I feel for the guy, every so often Microsoft thinks my IP address for my mail server should be banned so I can no longer send to hotmail.* and outlook.com. This appears to be based on something happened to my IP address 13 years ago. I write to them, its ignored, I write again and again and eventually I get a response. I tell them everything I have done, they deny there is a problem, I send them their output stating there is a problem, they still deny it, I keep pressing them and then they tell me it'll be sorted and 48 hours later I get the ability to send email and then six months later it goes again.

    They are beyond useless.

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