About This Blog
Summaries, news and resources relating to eDiscovery in Delaware and beyond.
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.
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. 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 ›
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 ›
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 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 ›
Morris James is pleased to announce that fourteen of its partners and five practice areas have been recognized by Chambers USA 2016. More ›
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 ›
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
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 ›
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 ›
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 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.”
Morris James is pleased to announce that Laura G. Readinger was admitted to the Delaware Bar on March 2, 2016. Ms. Readinger is an associate in Morris James’ Business Litigation group focusing on dealing with the challenges associated with electronic discovery. She provides effective and efficient project management solutions to clients in what is a complex and continually changing area of litigation. Prior to joining Morris James, Laura gained experience in family law, immigration law and litigation.
Ms. Readinger received her Juris Doctor in 2007 from The Ohio State University Moritz College of Law and is a 2004 graduate of Cornell University. She is also admitted to practice law in Ohio, Pennsylvania, and New York and is currently serving as the Vice President of the Hispanic Bar Association of Pennsylvania and as a board member of the Hispanic Bar Association of Pennsylvania Legal Education Fund.
Chuck Kunz, co-chair of Morris James' Data Privacy and Information Governance Group, was quoted in a Delaware Law Weekly article discussing the need to educate attorneys on how to protect data and bolster cybersecurity practices. Chuck said his firm got aggressive in 2014, as lawmakers were drafting and debating bills. The firm started advising clients on their fiduciary duties to prevent breaches and train employees to respond, including how to encrypt data and retain and destroy documents.
Richard Herrmann, a member of Morris James' Intellectual Property Practice, was also quoted discussing the recent effort to expand continuing legal education on the topic, benefiting clients and attorneys alike.
The article is titled "Delaware Bar Leaders Stressing Need for Cybersecurity Efforts." Read the full article here.
In Amalgamated Bank v. Yahoo!, Inc., C.A. No. 10774-VCL (Del. Ch. Feb. 2, 2016), Plaintiff Amalgamated Bank’s Section 220 books and records demand sought, among other things, the emails of certain Yahoo officers and directors. Yahoo objected to the request as overly broad, but the Court found differently. Continuing the trend from Wal-Mart Stores, Inc. v. Ind. Elec. Workers Pension Trust Fund IBEW, 95 A.3d 1264, 1271 (Del. 2014), which first permitted access beyond board materials, the Court ordered inspection of certain Yahoo director and officer documents and communications. In addition, the Court found that the directors’ and officers’ personal email accounts were subject to inspection if they were used to conduct business. This development signals to corporate officers and directors’ that personal emails may be discoverable in a 220 Action if the emails are essential to fulfilling a plaintiff’s proper purpose. More ›