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Summaries, news and resources relating to eDiscovery in Delaware and beyond.
Case Spotlight: TCV VI, L.P. v. TradingScreen Inc., 2018 WL 1907212 (Del. Ch. Apr. 23, 2018) (Laster, V.C.)
Philippe Buhannic is a founder of TradingScreen Inc. (the “Company”) and was formerly its CEO and Chairman of the Board. His brother, Patrick Buhannic, was also formerly a director of the Company. In 2014, plaintiffs filed this action alleging that defendants had breached their fiduciary duties when determining how much of plaintiffs’ preferred stock to redeem. Morris, Nichols, Arsht & Tunnell LLP (“Morris Nichols”) represented all defendants through trial, including Philippe and Patrick (together, the "Buhannics"); however, during settlement negotiations, it became clear that the Buhannics were adverse to the other defendants. In response, Morris Nichols withdrew as counsel to the Buhannics and advised the defendants that it could not participate further in the settlement negotiations. More ›
Delaware Super Lawyers® magazine has recognized five Morris James partners as top legal counsel in Delaware and five "Rising Stars®" attorneys. "Rising Stars®” is a recognition for lawyers who are 40 or under, or who have been practicing for 10 years or less.
Super Lawyers® selects outstanding lawyers from more than 70 practice areas throughout the United States who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations. Only the top five percent of attorneys in each state are honored as Super Lawyers in this annual list, and the Rising Star selection is limited to only 2.5 percent of eligible attorneys, according to Super Lawyers’ website.
Morris James attorneys recognized on the 2018 Delaware Super Lawyers® list are:
P. Clarkson Collins
Jason C. Jowers
Lewis H. Lazarus
Edward M. McNally
Employment and Labor:
David H. Williams
Business Litigation Rising Stars:
Meghan A. Adams
Albert J. Carroll
Patricia A. Winston
Medical Malpractice Rising Stars:
Chambers USA: America's Leading Lawyers for Business Recognizes 15 Morris James Lawyers and Issues 5 Firm Practice Rankings in the 2018 Edition
Thirteen Morris James partners have been named leaders in their respective fields by Chambers USA, and two additional partners were named “recognized practitioners” in Delaware for Corporate/M&A: Alternative Entities. Morris James also received five practice recognitions.
Clarkson Collins Jr.
Lewis H. Lazarus
Edward M. McNally
Brett D. Fallon
Carl N. Kunz III
Stephen M. Miller
Corporate/M&A: Alternative Entities
John M. Bloxom IV
Real Estate & Zoning/Land Use
Labor & Employment**
James H. McMackin III
David H. Williams
Richard K. Herrmann
Mary B. Matterer
* Recognized Practitioner
** Recognized Practice Areas
Ryan T. Keating was quoted in the Bloomberg Law article, "Delaware Ramps Up Data Breach Compliance Mandates," regarding the impact of the new statute.
"The most significant change in the new statute, which updates the state’s 2005 data breach notification law, is that companies are required to “implement and maintain reasonable procedures and practices” to prevent data breaches, Ryan Keating, a member of Wilmington, Del.-based Morris James LLP’s data privacy and information governance group, told Bloomberg Law.
The amended statute does not offer guidance on what constitutes “reasonable” security, so companies developing security programs “would be wise to consider security standards published by NIST and other organizations,” Keating said, referring to the Commerce Department’s National Institute of Standards and Technology."
Case Spotlight: In Re ExamWorks Group, Inc. Stockholder Appraisal Litig., 2018 WL 1008439 (Del. Ch. Feb. 21, 2018) (Laster, V.C.)
ExamWorks Group, Inc. (the “Company”) is a Delaware corporation with its principal place of business in Atlanta, Georgia. In 2010, the Company completed an initial public offering. In 2016, it entered into a merger agreement with affiliates of Leonard Green & Partners, L.P. After the announcement of the merger, petitioners perfected their appraisal rights seeking a judicial determination of the fair value of their interest in the Company. During the proceedings, the Court of Chancery appointed two firms as Co-Lead Counsel. The parties agreed on a schedule for the action, which included discovery, and the Court approved the schedule by order. More ›
Morris James LLP, a leading multidisciplinary law firm in Delaware, announced that Dawn V. Sheiker will join the firm in April as its Director of Client Relations. “This new position was developed to focus directly on enhancing client services,” stated Managing Partner Keith Donovan.
As the Director of Client Relations, Dawn will be responsible for developing and overseeing the firm’s client relations for this multi-office law firm. She will work proactively with department and practice area chairs and in coordination with all members of the marketing and executive committees. Her focus will be primarily on providing executive level support for the firm’s client feedback, client teaming, and general business development initiatives.
“We are dedicated to providing innovative and effective ways to serve the needs of our clients and community. Dawn’s talent and expertise will allow us to build upon this core concept and increase the sophistication and quality of service we are providing nationally and locally,” commented Keith Donovan.
Dawn brings with her more than 10 years of experience in law firm marketing and business development, including working for the past five years for an Amlaw 200 firm. Dawn Chaired the Legal Marketing Association Northeast, Philadelphia Steering Committee in 2017 after serving as President-Elect in 2016. She also served as the association’s Treasurer in 2015 after Co-Chairing its Finance Committee in 2014. Dawn obtained an MSc in Applied Social Research from the University of Dublin, Trinity College in 2008. She graduated with an MS in Administration of Justice from Wilmington University in 2006 after receiving her BS, cum laude, from Wilmington University in 2004.
“I am thrilled to be joining the Morris James team. The firm is well known for its national and local practices, and this provides a huge opportunity to work with a dynamic firm in its continued growth and in support of exceptional client service,” said Dawn V. Sheiker.
Morris James is pleased to announce Edward M. McNally and Albert J. Carroll have been recognized in JD Supra’s annual Readers’ Choice Awards for their thought leadership and visibility in the category of Mergers and Acquisitions.
The annual Readers’ Choice Awards reflects a deep dive into the JD Supra 2017 readership data. Emerging from a pool of over 1750 writers on M&A and related topics, Mr. McNally and Mr. Carroll have been distinguished as two of the top-ten authors in this category. More ›
On August 17, 2017, Delaware Governor John Carney signed into law HB 180, completing an update to a nearly 12-year old breach notification statute that had little teeth, and no enforcement. The new law, which applies to “Any person who conducts business in this State and owns licenses or maintains personal information” requires that such person “implement and maintain reasonable procedures and practices to prevent the unauthorized acquisition, use, modification, disclosure or destruction of personal information collected or maintained in the ordinary course of business.” The law contains substantive provisions that will require significant preparation and education before it becomes effective on April 14, 2018. More ›
Morris James Partner Ian D. McCauley will participate in a panel discussion titled “Forecast Calls for Cloud Computing” at LegalTech in New York on January 30, 2018. The panel will focus on best practices in embracing defensible and efficient cloud solutions. More ›
Morris James LLP is pleased to announce it received 29 recognitions in Delaware Today magazine’s 2017 Delaware Top Lawyers issue. The recognized lawyers were chosen by their peers in a survey to members of the Delaware State Bar Association.
Gretchen S. Knight, Lewis C. Ledyard III, Rich Galperin, Ian D. McCauley and James H. McMackin III, distinguished in bold, received the most votes of any lawyer in their respective categories. Morris James attorneys were rated as “Top Lawyers” in 12 separate practice areas, and Keith Donovan was recognized in multiple categories. More ›
Morris James attorney Ian D. McCauley will serve on a panel discussing the latest eDiscovery issues at a CLE program titled “Recent Developments in Data Security and E-Discovery.” The program is sponsored by the E-Discovery and Technology Law Section of the Delaware State Bar Association and is scheduled for Tuesday, November 14th, 2017 from 8:30 a.m. – 11:45 a.m. at the New Castle County Delaware State Bar Association with webcasts being offered in Dover and Georgetown. With cyber-attacks constantly in the news and counsel continuing to struggle with discovery issues, this CLE promises to be both important and timely for lawyers. Click here for registration. More ›
Chuck Kunz and Ian McCauley authored an article titled "Vendor Contracting for Privacy and Security" which was published in Cybersecurity Law & Strategy. The article addresses the data security and privacy issues that may arise during contract negotiations between vendors and businesses. The article focuses on various hypothetical scenarios and the issues that businesses and vendors must identify prior to executing any agreement.
Chuck is a partner in the firm’s Bankruptcy Group and co-chairs the firm’s Data Privacy and Information Governance Group. He is a Certified Information Privacy Professional/US (CIPP/US) and is a member of the International Association of Privacy Professionals (IAPP). Chuck is a frequent author and speaker on topics relating to privacy, data management, and recent developments in Delaware law and legislation relating to these issues.
Ian is an attorney in the firm’s Corporate and Commercial Litigation Group and is also Morris James’ eDiscovery Coordinator. His practice is focused on electronic discovery from the anticipation to the conclusion of litigation. He is also a member of the firm’s Data Privacy and Information Governance Group. Ian frequently speaks on all aspects of the electronic discovery process.
This is the fourth in a series of posts summarizing the six most important eDiscovery cases in Delaware in 2015.
Medicalgorithmics S.A. v. AMI Monitoring, Inc., C.A. No. 10948-CB, Oral Argument on Defendants’ Motion Regarding Plaintiff’s Improper Document Production, Plaintiff’s Cross-Motion for Defendants to Supplement Their Deficient Document Production, Discovery Issue Regarding Location of Depositions and Rulings of the Court, July 15, 2015.
This case dealt with cross-motions regarding deficient document productions in which the Plaintiff argued Defendants produced too few documents and Defendants argued Plaintiff produced too many. More ›
On April 4th, Ian D. McCauley will present on the topic “The Art of the Litigation Hold" at the Capital Grille in Philadelphia. The session is part of Driven’s eDiscovery Speaker Series. Other speakers at the event include Scott Milner of Morgan Lewis and Tara Emory of Driven. The talk will focus on the basic requirements for establishing a defensible litigation hold process and the state of the law on litigation holds in 2017. To learn more, please click here.