Delaware eDiscovery Report

Delaware eDiscovery Report

Category Archives: eDiscovery Articles

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Friday Notes

Posted in eDiscovery Articles, News
Note number one is that I promise to resume posting regularly. I haven’t been very good at keeping up here as my case load has grown. It was important for me to spend my time focusing on managing my growing eDiscovery client work. (Don’t feel bad though, because you aren’t the only ones I’ve been … 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

In Defense of Genger, Part I

Posted in Computer Forensics, Discoverability, Duty to Preserve, eDiscovery Articles, Search Methodology, Sources of ESI, Spoliation/Sanctions, Top Cases
I rise now to defend the Court of Chancery’s decision in TR Investors LLC v. Genger, C.A. 3994-VCS (December 9, 2009) against the allegations made by Leonard Deutchman, General Counsel at LDiscovery LLC, in a two-part post hosted by Law.com.  I promised at the end of April that a defense would be forth coming but … Continue Reading

In Defense of Genger: Background

Posted in eDiscovery Articles
Ages ago by internet standards (late February), Law.com hosted a two-part post criticizing the Delaware Court of Chancery’s decision in TR Investors v. Genger.  Post author Leonard Deutchman, General Counsel at LDiscovery LLC, asserts that the Court got the decision wrong because it (1) doesn’t understand the technology invloved and (2) doesn’t understand the law … Continue Reading

Top 10 Trends in eDiscovery

Posted in eDiscovery Articles
The e-discovery 2.0 blog recently posted its list of Top Ten Trends in Electronic Discovery.  Read them all, but here are a few that I particularly agree with: 3. Staffing roles continue to evolve with a newfound focus on project management. The role of an in-house e-discovery coordinator will emerge as more of a project … Continue Reading

Old ZyLAB Promotional Video from 1994

Posted in Document Management, eDiscovery Articles
This is apparently a 15-year-old ZyLAB promotional video recently posted on YouTube.  The video covers some eDiscovery related technologies, including OCR, fuzzy searching, and automatic bates numbering.  I figured all you eDiscovery geeks would enjoy this peek into the past.  The eDiscovery specific stuff starts at 3:41.    … Continue Reading

eDiscovery Gets Rocked to the Core

Posted in eDiscovery Articles
I’ve been über busy the last few weeks.  Hence the short posts.  Things should clear up enough that I can resume dazzling you with my eDiscovery acumen next week.  To avoid going totally postless this week, I offer the following: eDiscovery is cool.  But be on notice, eDiscovery is about to be pwned by Morris … Continue Reading