Delaware eDiscovery Report

Delaware eDiscovery Report

Category Archives: Top Cases

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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

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

[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

The Tenth Circuit Speaks!

Posted in Cooperation, Spoliation/Sanctions, Top Cases
Follow @cspizzirri No doubt jealous of all the attention our beloved Judge Shira Scheindlin receives, two days ago U.S. Court of Appeals for the Tenth Circuit Judge Neil M. Gorsuch issued an order in Lee v. Max International, LLC affirming a terminating sanction in discovery. Woo hoo! In one fell swoop, Judge Gorsuch does the… 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

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  I promised at the end of April that a defense would be forth coming but… Continue Reading

The State of eDiscovery in Delaware: The Final Chapter

Posted in Access to ESI, Backup Tapes, Computer Forensics, Cost Shifting, Duty to Preserve, Retention Policy, Spoliation/Sanctions, Top Cases
As I suppose we could have expected, 2009 has delivered the most important eDiscovery cases to date, and we’re only half way through the year (or we were when I started writing this series). The District Court started us off before the last of the New Year’s confetti had been swept up by issuing its decision… Continue Reading

The State of eDiscovery in Delaware, Pt. VI

Posted in Admissibility of Electronic Evidence, Clawback/Quick Peek, Cost Shifting, Form of Production, Inadvertent Disclosure, Privilege, Proportionality, Top Cases
In Part V of this series, we summarized the cases from late 2006 and all of 2007. Quick summary of those cases: the District Court concluded that imaged files should be the default form of production absent party agreement, the Bankruptcy Court issued summary judgment against a party found to have knowingly destroyed ESI despite reasonably… Continue Reading

The State of eDiscovery in Delaware, Pt. IV

Posted in Federal Rules, Top Cases
In Part III, we saw the Superior Court deal with instant messages, the Court of Chancery issues sanctions for failure to produce and dealt with issues of commingled data, and the District Court sets a fine example of wisdom and humility by reversing its prior order and deftly applying the principle of proportionality.  We pick… Continue Reading

The State of eDiscovery in Delaware, Pt. III

Posted in Proportionality, Top Cases
In Part II of this series, we looked at four cases from 2002 and 2003 in which the Court of Chancery and the District Court each got into the eDiscovery thicket, addressing issues with backup tape restoration, keyword searching, allegations of spoliation, and cost-shifting.  The next significant case isn’t until 2004 when the Superior Court… Continue Reading

The State of eDiscovery in Delaware, Pt. II

Posted in Backup Tapes, Proportionality, Spoliation/Sanctions, Top Cases
In Part I of this series, we looked at two cases from the 1990’s dealing with Attorney/Client Privilege and Work-Product protection.  The next significant case doesn’t appear until 2002, when the Court of Chancery tangles with the issue of backup tape restoration. In Kaufman v. Kinko’s Inc., 2002 WL 32123851 (Apr. 16, 2002), in slight… Continue Reading

The State of eDiscovery in Delaware, Pt. I

Posted in Confidentiality, Proportionality, Spoliation/Sanctions, Top Cases
Hello and welcome to the Delaware eDiscovery Report!  We will be tracking all manner of developments in the realm of eDiscovery, including federal and state case law and rule developments, emerging trends and discussions from groups like The Sedona Conference® and EDRM, vendor technology developments, and project management techniques.  Besides tracking eDiscovery developments generally, this… Continue Reading