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Summaries, news and resources relating to eDiscovery in Delaware and beyond.
Showing 2 posts from May 2010.
Super Lawyers® magazine has named 7 Morris James partners as top legal counsel in Delaware. The multiphase selection process is handled by Law & Politics who evaluates each candidate on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis and include only 5 percent of the licensed attorneys in a state.
Morris James’ 2010 nominations include:
David H. Williams - Employment & Labor, Government/Cities/Municipalities
P. Clarkson Collins, Jr. - Business Litigation, Business/Corporate, Mergers & Acquisitions
Richard Galperin - Personal Injury Defense: Medical Malpractice
Lewis H. Lazarus - Business Litigation
Edward M. McNally - Business Litigation, Business/Corporate
Richard Herrmann – Intellectual Property Litigation
As explained by Ed McNally (one of the most renowned corporate litigators in the known universe), the Delaware Superior Court has created a commercial litigation division. This is exciting for many reasons, not the least of which is the new division has rules regarding eDiscovery. Morris James had the honor of providing input on the formation of those rules, and we are very pleased with the final results. A brief summary of the rules:
The new rules require parties to meet and confer to discuss:
- any issues relating to preservation of ESI;
- the form in which each type of ESI will be produced and any problems relating thereto;
- the scope of production, including the custodians, time period, file types and search protocol to be used to identify which ESI will be produced;
- the method for asserting or preserving claims of privilege or of protection of ESI as trial-preparation materials, including whether such claims may be asserted after production;
- the method for asserting or preserving confidentiality and proprietary status of ESI relating to a party or a person not a party to the proceeding;
- whether allocation among the parties of the expense of preservation and production is appropriate; and,
- any other issue relating to the discovery of ESI.
From those discussions, the parties are required to develop an eDiscovery plan for submission to the Court for entry as a order. The rules then provide a safe harbor for destruction of documents outside the scope of the order. The rules also provide a process for handling not reasonably accessible data, and they explicitly preserve privilege for inadvertently produced documents.