Delaware eDiscovery Report

Delaware eDiscovery Report

Category Archives: Best Practices

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Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware – Part 2

Posted in Best Practices, Clawback/Quick Peek, Cooperation, Cost Shifting, Document Review, Privilege, Project Management, Spoliation/Sanctions, Top Cases
LGR Website PhotoThe is the second in a series of posts summarizing the 7 most important eDiscovery cases in Delaware in 2014. The second case is 112359 Factor Fund, LLC and Five Nine Group, LLC v. Flux Carbon Starter Fund, LLC, Mary Carroll, Kevin Kreisler, and James L. Sonageri, C.A. No. 9568–VCL, Telephonic Oral Argument on Plaintiffs’ Motion to Compel… Continue Reading

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware – Part 1

Posted in Best Practices, Confidentiality, Cooperation, Cost Shifting, Document Review, Project Management, Search Methodology, Spoliation/Sanctions, Top Cases
The Court of Chancery continued to focus on eDiscovery throughout 2014.  During the next few weeks we will be recapping 7 cases that covered various topics including preservation, designation of confidential material and the drafting of privilege logs.  We will cover the cases in chronological order. The first case is Sustainable Biofuels Solutions, LLC v. Tekgar, LLC and Michael… Continue Reading

Dealing with High Risk Data

Posted in Best Practices, Collection, Document Management, eDiscovery Articles, Form of Production
LGR Website PhotoWhen people think of high risk data, most think of Personal Health Information and Personally Identifiable Information as it relates to HIPAA and the health care industry, but Steve Shebest’s very informative article “High Risk Data: Have a Plan!” explains how high risk data can also be found in the financial, commercial, transportation, industrial, and… Continue Reading

[UPDATE] In Defense of Genger, Part II

Posted in Best Practices, Collection, Computer Forensics, Cooperation, Discoverability, Duty to Preserve, eDiscovery Articles, Search Methodology, Sources of ESI, Spoliation/Sanctions, Top Cases
Follow @cspizzirri UPDATE: I hate to say I told you so, but…wait, no I don’t. Yesterday, the Delaware Supreme Court issued its opinion in this matter affirming the Court of Chancery’s spoliation finding. The Court held the spoliation finding proper, because Genger took affirmative steps to overwrite unallocated space, saying: We do not read the Court of Chancery’s Spoliation… Continue Reading

[UPDATE] Self-Collection Prohibited in Delaware

Posted in Best Practices, Collection, Search Methodology, Top Cases
Follow @cspizzirri UPDATE: A colleague recently spoke to Vice Chancellor Laster about this opinion, and the Vice Chancellor reportedly said, “No self-collection in my Court.”  I’m not sure that statement addresses my distinction between collection and review, but it does reinforce the Vice Chancellor’s opposition to unsupervised custodian document collection. Also, below is the presentation… Continue Reading

Best Practices in Managing Discovery: Strategies & Tactics to Control Spending, Reduce Volume and Streamline Processes

Posted in Best Practices, News
I am honored to be a co-panelist with Richard Baer of Qwest Communications, in a LexisNexis® webinar tomorrow, Thursday, September 23, from 2-3 pm EST.  Rich is Chief Administrative Officer and General Counsel for Qwest, and we will be discussing best practices for managing discovery in-house. Here is a short summary from the webinar’s website:… Continue Reading

18 Morris James Attorneys Selected by their Peers for Inclusion in The Best Lawyers in America® 2011

Posted in Best Practices
18 Morris James attorneys in 13 practice areas were recently selected by their peers for inclusion in The Best Lawyers in America® 2011.  New to the list are Mark D. Olson and Bruce W. Tigani from the firm’s Tax, Estates and Business practice.  The firm’s Real Estate Practice Group Chair, Richard Beck, has been named… Continue Reading

Benchmark Litigation 2011 Names 5 Morris James Partners Among Top “Local Litigation Stars”

Posted in Best Practices
Morris James LLP is pleased to announce that five of its partners have been recognized among the top Delaware litigation attorneys in Benchmark Litigation 2011 – The Guide to America’s Leading Litigation Firms and Attorneys. Morris James’ Litigation Stars Rich Galperin  Clark Collins Richard Herrmann Lewis Lazarus Edward McNally Benchmark Litigation focuses exclusively on litigation… Continue Reading

Chambers USA Names 10 Morris James Partners In Their 2010 Guide to Leading Business Lawyers

Posted in Best Practices
Morris James LLP is pleased to announce that ten of its partners have been ranked among the leading Delaware lawyers in the 2010 edition of Chambers USA:  America’s Leading Lawyers for Business – an increase of two rankings from last year.    In addition, four practice areas including Bankruptcy/Restructuring, Chancery, Intellectual Property and Employment Law were… Continue Reading

Peter B. Ladig Joins Morris James LLP as a Partner in the Corporate and Fiduciary Litigation Group

Posted in Best Practices
Morris James LLP is pleased to announce Peter B. Ladig has joined the firm as of June 1, 2010.  The majority of Mr. Ladig’s practice is in the Delaware Court of Chancery, although he has extensive experience in the other state and federal courts in Delaware and has been involved in over 50 published decisions. … Continue Reading

Super Lawyers® Names 7 Morris James Partners As Top Legal Counsel in Delaware

Posted in Best Practices
Super Lawyers® magazine has named 7 Morris James partners as top legal counsel in Delaware.  The multiphase selection process is handled by Law & Politics who evaluates each candidate on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis and include only 5 percent of the licensed attorneys… Continue Reading

Hitler Explains Why RIM Matters

Posted in Best Practices, Cooperation, Document Management, Retention Policy
UPDATE: Now I’m ticked! The video below, and all other Hitler “Downfall” parodies, have been pulled from YouTube.  The removal comes per a takedown demand issued by the film’s owner Constantin Films, claiming the videos infringed on the copyright. Boo! Hiss! I am not an IP attorney, so this is not legal advice, but it seems to… Continue Reading

On Project Management and Redskins Fans

Posted in Best Practices, Project Management
I wanted to finish the “The State of eDiscovery in Delaware series before moving on to other subjects, but I’ve found it difficult (there’s so many meaty issues to discuss) and finally cracked.  Please indulge this short diversion. First, a warm and fuzzy congratulations to Gabe Acevedo, author of Gabe’s Guide to the e-Discovery Universe,… Continue Reading