About This Blog
Summaries, news and resources relating to eDiscovery in Delaware and beyond.
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.
On Tuesday, March 28th, Ian D. McCauley will speak at the Delaware State Bar Association’s Labor and Employment Update 2017. Ian will discuss the 2015 Amendments to the Federal Rules of Civil Procedure, the scope and process of litigation holds, and practical tips for E-Discovery success. To learn more about the event, please click here.
This is the third in a series of posts summarizing the 6 most important eDiscovery cases in Delaware in 2015.
Pfizer, Inc. v. Amgen Fremont Inc., C.A. No. 10667-VCL, Hearing on Cross Motions to Compel and Rulings of the Court, July 6, 2015. More ›
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 ›
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 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.
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 ›