Showing 4 posts from December 2015.

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 7

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, 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 Appointed to Delaware Supreme Court Commission on Law & Technology

Posted In News

Ian D. McCauley was appointed as an Associate Member 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.

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 6

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 ›

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 5

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 ›