Delaware eDiscovery Report

Delaware eDiscovery Report

Category Archives: Document Review

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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