Use of Agreed-Upon Search Terms Not Proxy for Gathering All Responsive Info

Parties typically seek to narrow the scope of potentially responsive documents by meeting and conferring and reaching agreement on appropriate search terms. The parties next run those search terms against the data collected from the relevant custodians and review the resulting information for responsiveness. This method of identifying responsive electronic data has more or less become the norm in cases involving large data collection efforts. Occasionally, however, search terms miss the mark and fail to capture the information the opposing party is entitled to receive. The Delaware Court of Chancery recently addressed this and other related issues in deciding motions to compel filed by the defendant in BTG International v. Wellstat Therapeutics, No. 12562-VCL (Oct. 4). More ›

Looking Back on 2015: The 6 Most Important eDiscovery Cases in Delaware - Part 2

This is the second in a series of posts summarizing the 6 most important eDiscovery cases in Delaware in 2015.

Flax v. Pet360, Inc., C.A. No. 10123-VCL, Oral Argument on Plaintiff’s Second Motion for Sanctions and Rulings of the Court, June 29, 2015. More ›

Ian D. McCauley Serves as a Panelist at the Masters Conference “Legal Project Management”

Ian D. McCauley served on the panel “Legal Project Management” at the 10th anniversary of the Masters Conference in Washington D.C. on Tuesday, October 18, 2016. The panel discussed project management throughout the discovery process and the various ways in which law firms, clients, and vendors interact to achieve successful results. For more information please click here.

Spotlight on Exterro’s E-Discovery Case Law Library

Exterro’s E-Discovery Case Law Library is a worthwhile resource for all eDiscovery professionals and any attorneys interested in learning more about such issues as new data types, proportionality, and reasonableness.  It features a collection of simple and easy to understand analyses of the most significant eDiscovery case law throughout the country.  Our blog was recently highlighted in the library, where we provide our analysis on the GN Netcom, Inc. v. Plantronics, Inc. case.

http://www.exterro.com/case-law-library/proportionality/gn-netcom-inc-v-plantronics-inc/

Delaware District Court Interprets Amended FRCP

The first Delaware opinion that has been issued that addresses either sanctions or proportionality under the new Federal Rules is GN Netcom, Inc. v. Plantronics, Inc.[1] Plaintiff GN Netcom, Inc. (“GN”) filed a motion for sanctions against defendant Plantronics, Inc. (“Plantronics”) after a long discovery dispute that centered around the “intentional and admitted deletion of emails” by one of Plantronics’s senior executives and his directives to other members of his team to delete emails. More ›

Best Lawyers® 2017 Recognizes 20 Morris James Attorneys

Twenty Morris James attorneys in twenty-six practice areas were selected by their peers for inclusion in The Best Lawyers in America 2017 edition. Morris James also has been recognized in four new practice areas, Personal Injury Litigation – Defendants, Arbitration, Corporate Governance Law and Mediation.  The Best Lawyers® list is based on an extensive survey involving detailed evaluations of leading lawyers by their peers. More ›

Looking Back on 2015: The 6 Most Important eDiscovery Cases in Delaware - Part 1

This is the first in a series of posts summarizing the 6 most important eDiscovery cases in Delaware in 2015.

In re: ISN Software Corporation Appraisal Litigation, C.A. No. 8388–VCG, Oral Argument on Petitioners Motion to Compel and Partial Rulings of the Court, April 27, 2015. More ›

Ian D. McCauley Appears as a Panelist at the Masters Conference

Ian D. McCauley served on the panel “From Case Management to Case Intelligence: Surfacing Legal Business Intelligence” at the Masters Conference in New York on Monday, July 11, 2016 More ›

Chambers USA Recognizes 14 Morris James Attorneys and 5 Practice Areas Among the Nation’s Best

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Morris James is pleased to announce that fourteen of its partners and five practice areas have been recognized by Chambers USA 2016.  More ›

Looking Back on 2015: The 6 Most Important eDiscovery Cases in Delaware

2015 saw continued interest by the Delaware courts in various aspects of eDiscovery.  The courts dealt with broad issues, such as spoliation and general discovery misconduct, while also focusing on narrower issues, such as document review and redactions.

This blog will be summarizing these 6 cases in more depth throughout the rest of 2016.  The 6 cases that will be summarized are below: More ›

What Non-Delaware Lawyers Need to Know About e-Discovery in Delaware

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Many non-Delaware lawyers will, at some point in their careers, find themselves practicing in a Delaware court after being admitted pro hac vice. For those that do, it is important to note that the Delaware courts take e-discovery seriously and have a sophisticated understanding of it. The body of e-discovery law in Delaware continues to grow, tackling issues as broad as document collection and as narrow as records review and privilege logging. This article serves as a primer on conducting e-discovery in the Delaware courts. More ›

CorpCast Episode 11: Better Know a Judge: Vice Chancellor Joseph R. Slights, III of the Delaware Court of Chancery

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On this episode of CorpCast, we continue our “Better Know a Judge” series with an interview of the newest member of the Delaware Court of Chancery, Joseph R. Slights, III. Joe discusses why he took a pay cut while his children are in college, his background, some advice for young lawyers, as well as what he’s looking forward to and dreading when he gets on the bench.

Love what you hear? Go to our podcast tab for archived episodes and be sure to follow @DECorpCast for the latest updates. If you have questions or comments, you can reach us at CorpCast@morrisjames.com. Thank you for listening! More ›

CorpCast Episode 10: eDiscovery Review

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On today’s episode of CorpCast, we are joined by our colleagues Ian McCauley and Laura Readinger. Ian and Laura’s practice focuses on eDiscovery, and this episode covers Delaware developments on the subject over the past 16 months.

We cover global issues such as the role of Delaware counsel in discovery, and the Court of Chancery’s growing concern regarding the conduct of counsel throughout discovery. We also take a look at defensible document collection, preservation of text messages, and production of personal email. Finally, we discuss very narrow topics that the Court has tackled, including production of metadata and document review. More ›

Three Morris James Attorneys on Panels at DSBA Women and the Law Section Retreat

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Joseph R. Slights, III and Ian D. McCauley spoke on panels at the Delaware State Bar Association Women and the Law Section's Retreat, which was held on March 4th and 5th, 2016.

Ian D. McCauley spoke on the first panel of the retreat that dealt with various technology issues impacting lawyers.  This panel discussed various issues including the ethical considerations of social media, the discovery of electronic material, and the use of technology in the courtroom.  

Joseph R. Slights, III spoke on a panel which tackled common issues that a practitioner confronts, such as building a network to benefit or advance one’s career, and understanding how to manage clients effectively.  This panel also provided insight into practical office management.

Morris James Attorneys Participate in Delaware Mock Trial

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Morris James attorneys and staff continued the firm’s longstanding support for the Delaware High School Mock Trial Competition with twelve attorneys serving as judges or coaches at the annual competition held at the New Castle County Courthouse on February 26-27, 2016.  Jason C. Jowers, a partner in the firm’s Corporate and Commercial Litigation Group, completed his seventh year as Chair of the competition and received the Pete Jones Award, named after Morris James partner Pete Jones, given to an individual who has demonstrated sustained commitment to the goals and values of the mock trial program. Eric Hacker, an associate in the firm’s Georgetown office, coached Sussex Central, the first team from Sussex County to advance to the finals of the competition. In addition to Jowers and Hacker, the Morris James attorneys who participated as coaches or judges included partners Kevin Healy, Pete Jones,  Lewis Lazarus, Dennis Schrader, Joe Slights, and David Soldo, and associates Megan Adams, Nick Krawitz,  Beth Powers,  and Laura Readinger. Also, Morris James administrative assistant Margie Touchton served as the Judge Volunteer Coordinator.

Delaware Supreme Court Justice Collins J. Seitz, Jr.,  the presiding judge of the championship round, commented that the future of the practice of law in Delaware is bright based on the skill demonstrated by the finalists.  David Williams, the firm’s managing partner, expressed his gratitude to the attorneys and staff who gave so generously of their time to aid the next generation of Delaware lawyers, noting that “this type of dedication exemplifies the type of community service for which the firm is proud.”