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Summaries, news and resources relating to eDiscovery in Delaware and beyond.
This is the seventh in a series of posts summarizing the 7 most important eDiscovery cases in Delaware in 2014.
Mechel Bluestone v. James C. Justice Cos., C.A. No. 9218-VCL(Del. Ch. Dec. 12, 2014).
My colleague, Thomas Hanson, previously summarized Mechel Bluestone in an article written on December 23, 2014 which discussed the need for senior Delaware counsel to guide and be closely involved in the preparation of privilege logs and to promptly respond to deficiency letters. The article can be read in its entirety here: http://www.morrisjames.com/newsroom-articles-357.html.
To recap, here are the seven most important eDiscovery cases in Delaware in 2014 (in chronological order) along with their key takeaways: More ›
Ian D. McCauley and Kyle Evans Gay Appointed to Delaware Supreme Court Commission on Law & Technology
Ian D. McCauley and Kyle Evans Gay were appointed as Associate Members of the Delaware Supreme Court Commission on Law & Technology. The Commission was created to develop and publish guidelines and best practices regarding the use of technology and the practice of law. According to former Supreme Court Justice Henry duPont Ridgely, Liaison Justice to the new Arm of Court, “The Court expects the Commission to become a valuable resource not only to all Delaware judges and lawyers for issues related to technology and ethics in the practice of law, but also to serve as a model for other states who are interested in assisting their judges and lawyers maintain their professional competence in technology.” Click here to see the full members list and read more about the Commission.
This is the sixth in a series of posts summarizing the 7 most important eDiscovery cases in Delaware in 2014.
Gloria James v. National Financial LLC, and Loan Till Payday LLC, C.A. No. 8931–VCL, December 5, 2014.
Ian McCauley previously summarized James v. National Financial in our blog post of December 29, 2014 which highlighted Delaware Counsel's discovery obligations as well as the sanctions that may be imposed for not complying with those obligations. The original post can be read in its entirety here: http://www.morrisjames.com/blogs-Delaware-eDiscovery-Report,court-of-chancery-clarifies-delaware-counsels-role-in-discovery.
The three key points made by Vice Chancellor Laster in his opinion were: More ›
This is the fifth in a series of posts summarizing the 7 most important eDiscovery cases in Delaware in 2014.
Kan-Di-Ki, LLC (d/b/a Diagnostic Laboratories) v. Robert Suer, C.A. No. 7937–VCP, Oral Argument on Various Outstanding Motions, Pre-Trial Conference and Rulings of the Court on Motion for Summary Judgment, September 24, 2014.
While various motions were addressed at this hearing before Vice Chancellor Parsons, the most relevant to eDiscovery was the Plaintiff’s Motion for Sanctions for suppression or spoliation of evidence, including the deletion of relevant emails and the loss of unpreserved text messages which the Plaintiff argued pointed to a “pattern of suppression” on the part of the Defendant. Plaintiff requested that the Court draw broad adverse inferences against the Defendant and afford his testimony no weight. Additionally, the Plaintiff requested fees and costs associated with the motion. More ›
U.S. News - Best Lawyers Ranks Eighteen Morris James Practice Areas among 2016 “Best Law Firms” in Delaware
Eighteen Morris James practice areas were recognized in the 2016 “Best Law Firms” rankings by U.S. News – Best Lawyers®. These rankings complement the twenty-one Morris James attorneys who were selected by their peers for inclusion in the “The Best Lawyers in America” 2016 edition.
The practice areas recognized include: More ›
Morris James LLP was presented the Leadership Award at the Delaware State Bar Association’s Christopher W. White 2015 Distinguished Access to Justice Awards Breakfast on October 29th, 2015. The Leadership Award is given to the firm who has demonstrated outstanding leadership in the field of pro bono service to the impoverished in Delaware, and who fosters a culture which recognizes the value of Access to Justice service. More ›
Morris James LLP is pleased to congratulate the lawyers listed below, who were most recommended by their professional peers in a survey of Delaware attorneys conducted by Delaware Today magazine. Sixteen Morris James attorneys were distinguished in their respective practice areas, with seven named as “top vote-getters,” listed below in bold. More ›
Earlier this year, proposed amendments to the Federal Rules of Civil Procedure were submitted to the United States Supreme Court for review following a years long process that began in 2010. The proposed amendments will become effective on December 1, 2015 barring any action by either the Supreme Court or Congress to modify them.
Circuit splits and a lack of uniform standards have plagued eDiscovery for some time. The proposed amendments attempt to bring uniformity to the body of eDiscovery law that has been developing since the early 2000s. The proposed amendments also seek to address litigants’ concerns that eDiscovery has in the past been used as a weapon to force settlement upon those who cannot afford to engage in the process. To that end the proposed amendments address proportionality and the scope of discovery.
These amendments will most likely eventually be adopted by various States as well. For a full discussion by the Advisory Committee on Federal Rules of Civil Procedure and a list of all of the Committee’s proposed amendments, see the March 2014 and September 2014 Reports of the Judicial Conference Committee on Rules of Practice and Procedure, available here [http://www.uscourts.gov/rules-policies/records-and-archives-rules-committees/committee-reports]. More ›
The National Alliance on Mental Illness (NAMI) of Delaware has recognized Morris James as its “Corporate Partner of the Year.” Managing partner, David H. Williams, accepted this award given in recognition for the firm’s service to the community and support for NAMI Delaware’s mission. National Alliance on Mental Illness (NAMI) is a nonprofit group that raises money and awareness for the treatment of people with mental illness. Over the past 13 years, a dedicated team of Morris James employees has raised money each year in the NAMI Delaware Walk. Margie Touchton, a long-term employee, has led Morris James’ effort which contributes money to fund people in group homes around the state. More ›
Peter B. Ladig and Ian D. McCauley will be speaking at an upcoming CLE titled "Managing E-Discovery Effectively: Meeting the Expectations of your Clients and the Court," sponsored by the eDiscovery and Technology Law Section of the Delaware State Bar Association. Ian will be speaking on the second panel of the afternoon, discussing the relationship among clients, counsel, and vendors in the e-discovery process, various eDiscovery options, as well as balancing competing interests in the decision-making process. Pete will be speaking on the final panel of the afternoon, “Views from the Bench and Bar,” along with jurists and practitioners, discussing their views on several topics, including attorneys’ roles in meeting their ethical obligations to the court while fulfilling client expectations. More ›
Ian D. McCauley will be speaking at a National Business Institute Seminar titled "Discovery Under the New Federal Rules of Civil Procedure" on September 25, 2015. The seminar will be discussing the proposed amendments to the Federal Rules of Civil Procedure (FRCP), which will bring significant changes to eDiscovery and litigation strategy when they are implemented on December 1, 2015. The seminar will take place at the Doubletree Hotel Wilmington Downtown from 9:00 AM - 4:30 PM, and will count as 6 hours of CLE credit. More ›
This is the fourth in a series of posts summarizing the 7 most important eDiscovery cases in Delaware in 2014.
In re ISN Software Corporation Appraisal Litigation, C.A. No. 8388–VCG, Oral Argument on Petitioners' Third and Fourth Motions to Compel and Partial Rulings by the Court, September 12, 2014. More ›
This summer one current and one former United States District Court Judge took to the interview circuit on the topic of eDiscovery. The most common theme was that lawyers have the obligation to understand both the law and technology. More ›
Twenty-one Morris James attorneys in twenty-six practice areas were selected by their peers for inclusion in The Best Lawyers in America 2016 edition. Additionally, three of those attorneys were named “Lawyer of the Year” for their respective practices, including Richard Galperin for Personal Injury Litigation – Defendants, Gretchen S. Knight for Family Law, and Mark D. Olson for Tax Law. More ›
With the continuing push for more prolific and creative use of technology in Kindergarten through 12th grade classrooms, student data has become more valuable, and the protection of that data of greater concern. In the face of the perceived need for greater protection of student data, the Delaware General Assembly, on June 25, 2015, approved SS1 for SB 79 (the “Student Data Privacy Protection Act” or “SDPPA”). Expressly modeled on California’s Student Online Personal Information Privacy Act, the SDPPA is designed to prohibit educational technology service providers from selling student data, using student data to engage in targeted advertising to students and their families, or creating student profiles for non-educational purposes. More ›