About This Blog
Summaries, news and resources relating to eDiscovery in Delaware and beyond.
Showing 7 posts in Articles.
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 ›
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.
Many non-Delaware lawyers will, at some point in their careers, find themselves practicing in a Delaware court after being admitted pro hac vice. For those that do, it is important to note that the Delaware courts take e-discovery seriously and have a sophisticated understanding of it. The body of e-discovery law in Delaware continues to grow, tackling issues as broad as document collection and as narrow as records review and privilege logging. This article serves as a primer on conducting e-discovery in the Delaware courts. More ›
Online businesses take note. Delaware may finally have an online privacy law. On June 25, 2015, the Delaware General Assembly passed SS1 for SB68, known as the “Delaware Online Privacy and Protection Act.” If signed by the governor, DOPPA will go into effect on January 1, 2016. More ›
Jeff Waxman of Morris James' Bankruptcy and Creditors' Rights Group recently co-authored an article which appeared in the American Bankruptcy Institute Journal entitled "Document Preservation Strategies for Creditors in a World with Changing Discovery Rules."
Jeff and his co-author, Jennifer McClain McLemore, explore whether the proposed changes to the Federal Rules of Civil Procedure will impact the preservation duties of creditors both big and small.
Hello, and welcome back to the Delaware eDiscovery Report. There have been many developments recently in the world of eDiscovery, particularly in Delaware. Before providing a rundown of these new cases and guidelines, I would like to offer an introduction.
My name is Ian McCauley. I have focused my practice solely on eDiscovery for the past 5 years with an emphasis on effective project management, early data/case assessment and litigation support/legal synergies. I hope to have other voices join the conversation as we begin the blog anew.
This video has nothing to do with eDiscovery, but it does have to do with Delaware so it's in.
I'm not turning this into a vblog. I have a few longer posts I'm working on and posting videos is an easy (and amusing) way to keep up activity while I finish writing. More on that in a day or two...