Delaware eDiscovery Report

Delaware eDiscovery Report

Category Archives: Document Review

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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

Controlling Data Storage Costs with Nearlining

Posted in Collection, Cost Shifting, Document Review, eDiscovery Tools, Project Management
Kyle Evans GayA recent podcast from the Legal Talk Network’s ESI Report addresses cost control, an important issue for any client, eDiscovery attorney, or eDiscovery vendor.  As the sheer volume of collections continues to increase and as the complexity and variety of the data collected continues to complicate review and production, we look to new tools to streamline the process.… Continue Reading

Court of Chancery Clarifies Delaware Counsel’s Role in Discovery

Posted in Collection, Document Review, Top Cases
In James v. National Financial LLC, C.A. 8931-VCL (Del Ch. Dec. 5,2014) the Court of Chancery outlined Delaware Counsel’s discovery obligations as well as the type of sanctions that may be imposed for not complying with those obligations. Plaintiff James moved for entry of default judgment against Defendant National after the Defendant failed to comply with… Continue Reading

Predictive Coding Order Modified

Posted in Document Review
A recent landmark decision in which the Court of Chancery ordered both sides to engage in predictive coding by using a mutually agreed upon vendor has been modified. The new order allows plaintiffs in the EORHB v. HOA matter to review their documents using traditional methods. They will also be allowed to choose a separate vendor than… Continue Reading

When is a clawback not a clawback?

Posted in Clawback/Quick Peek, Confidentiality, Cost Shifting, Document Review, Form of Production, Inadvertent Disclosure, Privilege, Proportionality
When it’s a quick peek, as was ordered in ACS State Healthcare, LLC v. Wipro, Inc. and Wipro, Ltd., No. 4385-VCP ( Del. Ch., July 23, 2009).  This is believed to be the first order of its kind in Delaware and continues the Court of Chancery’s recent trend of providing eDiscovery guidance to Delaware practitioners.… Continue Reading