About This Blog
Summaries, news and resources relating to eDiscovery in Delaware and beyond.
Showing 5 posts from February 2016.
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 ›
LegalTech New York 2016 took place in early February. Several Morris James attorneys and members of IT attended the event. As usual, the event attracted some of the best legal technology minds in the country.
The trends that were observed at the 2015 conference have continued. This year’s discussions not only focused on understanding the disparate areas of law that technology affects, but also emphasized that these various areas are all interrelated and cannot be viewed in vacuum. Information governance efforts directly impacts scope of discovery and data security. Standard discovery protocols affect retention strategy and implicate security concerns. Privacy issues impact both scope of discovery and frame information governance protocols.
Other key topics discussed at the conference included: More ›
Welcome back to CorpCast! In this 2015 Year in Review, we discuss several important cases from the past year, starting with the tidal wave of antagonism in the Court of Chancery towards disclosure-only settlements ending with In re Trulia, Inc. Stockholder Litigation. We then move to discuss several instances of “financial advisors behaving badly,” with a look at In re TIBCO Software Inc. Stockholders Litigation and RBC Capital Markets, LLC v. Jervis. We’ll also take a look at opinions dealing with conflicted transactions, revisiting Corwin v. KKR Financial Holdings LLC and Delaware County Employees Retirement Fund v. Sanchez, as well as discussing In re Cornerstone Therapeutics Inc., Shareholder Litigation and In re Dole Food Co., Inc. Stockholder Litigation. Finally, we’ll look to some contract actions, including 1 Oak Private Equity Venture Capital Limited v. Twitter, Inc. and SIGA Technologies, Inc. v. PharmAthene, Inc., and touch on the invalidation of company bylaws in In re Vaalco Energy Inc. Consolidated Stockholder Litigation. More ›
Morris James Partner Joseph R. Slights, III Nominated to Become Next Vice Chancellor of the Delaware Court of Chancery
Morris James LLP is pleased to announce that partner Joseph R. Slights, III has been nominated by Governor Jack Markell to become a Vice Chancellor of the Delaware Court of Chancery. The judicial nomination was announced on Monday, February 8th.
“I am honored and grateful to have been nominated by Governor Markell to serve on the nation’s premier court for the resolution of business disputes – the Delaware Court of Chancery,” Slights stated. “If I am fortunate enough to be confirmed by the Senate, I look forward to serving the citizens and the State of Delaware as Vice Chancellor.” More ›