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Business Organization Electronic Discovery Civil Procedure

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Texts and Message Apps Are Changing Internal Investigations

It almost goes without saying that these days not all pertinent business-related communications can be found on corporate email servers. As we have increasingly seen in recent internal investigations, some of the most...more

Use of Text Messaging Should Change the Nature of Evidence Gathering in Internal Investigations

It doesn’t take a millennial to know that these days not all pertinent business-related communications are to be found on corporate e-mail servers. As we have increasingly seen in recent internal investigations, the most...more

Many Discovery Tools Exist To Find Emails To Prove Shareholder Oppression

I have noted many times on this blog that emails often prove shareholder oppression cases. It can be fairly easy for majority shareholders who are careful, and seek legal advise beforehand, to mask their true intent when...more

Looking Back on 2015: The 6 Most Important eDiscovery Cases in Delaware - Part 2

by Morris James LLP on

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...more

New Sedona Conference Commentary Recommends Restricting the Reach of Document Requests Directed to U.S. Affiliates of Overseas...

Earlier this month, the Sedona Conference issued the final version of its “Commentary on Rule 34 and Rule 45 ‘Possession, Custody, or Control.’” The Commentary recommends adopting the “legal right” test to analyze the...more

$3 Million Spoliation Sanction Despite Company’s Litigation Hold

by Foley & Lardner LLP on

Manufacturers involved in litigation must properly preserve electronically-stored information (“ESI”) or potentially face daunting sanctions. A recent antitrust case, however, demonstrates that lessons—multi-million dollar...more

Bloomberg Chat Is No Idle Chatter

by Conduent on

Gone are the days when brokers or buy-side professionals picked up the phone to make bids and close deals. Instead, they “chat” through their Bloomberg Terminals. The more than 320,000 traders, investors, and other market...more

E Pluribus Unum Is for eDiscovery Too

by Conduent on

The proliferation of data to the point of excess is a common refrain and problem for many organizations today. The scale to which data has grown recently has a direct correlation to eDiscovery – as organizations struggle to...more

May The Force be with You: Binding the E-Discovery Process Together

by Exterro, Inc. on

The idea that all things are connected is a comforting one. Some people long to be unified with other people, both loved ones and strangers. Others seek unity with the natural world--flora and fauna, water and stone. Even in...more

Everything but the Kitchen Sink: New Data Types and E-Discovery

by Exterro, Inc. on

Almost any activity we take part in creates data; it no longer resides just on email servers or your laptop or mobile phones. Data resides in the cloud, in apps, on social media, in your watch or fitness tracker. For...more

Friday Funnies: Exterro's E-Discovery and IG Comics and Memes Page

by Exterro, Inc. on

We here at Exterro love E-Discovery! But it helps to have a sense of humor. That's why we created our E-Discovery and Information Governance Memes and Cartoons Series. And now you can go back and relive the magic...more

“We Give Up!”: Supreme Court Strikes Down All E-Discovery Amendments

by Exterro, Inc. on

In a shocking turn of events early this morning, April 1, 2016, the SCOTUS reset the clock to the days before electronic information was made discoverable in courts by striking down all so-called “E-Discovery Amendments” in...more

Episode 11: Better Know a Judge: Vice Chancellor Joseph R. Slights, III of the Delaware Court of Chancery

by Morris James LLP on

On this episode of CorpCast, we continue our “Better Know a Judge” series with an interview of the newest member of the Delaware Court of Chancery, Joseph R. Slights, III. Joe discusses why he took a pay cut while his...more

CorpCast Episode 10: eDiscovery Review

by Morris James LLP on

On today’s episode of CorpCast, we are joined by our colleagues Ian McCauley and Laura Readinger. Ian and Laura’s practice focuses on eDiscovery, and this episode covers Delaware developments on the subject over the past 16...more

Be Reasonable: What Judges Will Be Looking For When it Comes to Rule 37(e)

by Exterro, Inc. on

In a recent article published by ACEDS, a lively discussion about the recently amended FRCP Rule 37 takes place. It seems that the amendment was written in the wee hours the night before they were presented publicly as a...more

The Case of the Clone Tablet: An Exterro Choose Your Own E-Discovery Adventure

by Exterro, Inc. on

My guess is that anyone who was alive in the 1980's has chosen their own adventure at least a few times. The Choose Your Own Adventure books were some of my favorites as a kid, an affordable and portable interactive fantasy...more

Objections to Document Demands Under Amended Rule 34

by Wilson Elser on

The approach of objecting to document demands with boilerplate language containing half a dozen or more objections that have no actual nexus to the demands at issue has been used by litigators for decades. However, this...more

Acceptance of Predictive Coding Spreads to the UK

by Reed Smith on

Following the precedent set by Da Silva Moore1 in 2012, courts across the United States have adopted the use of predictive coding (sometimes referred to as “technology assisted review”) as a means of reducing the time and...more

10 Tips for Litigation Hold Plans

by Sullivan & Worcester on

A “litigation hold plan” guides an organization in carrying out its evidence preservation obligations. Many factors come into play when the need to preserve records is triggered, and each organization has unique systems,...more

Delaware's Court of Chancery Clarifies Scope of Inspection Under Books and Records Demands

by Morris James LLP on

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...more

Genius like Churchill: Improving the E-Discovery Process in 2016 with Technology

by Exterro, Inc. on

Winston Churchill said, “True genius resides in the capacity for evaluation of uncertain and conflicting information.” So we here at Exterro took his advice concerning our recently released 2nd Annual Judges Survey where,...more

CorpCast Episode 9: 2015 Year in Review

by Morris James LLP on

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...more

Trends, Challenges, Tech: E-Discovery Enters a New Era

by Exterro, Inc. on

E-Discovery is no longer in its infancy. A decade has passed since the 2006 FRCP amendment that made ESI discoverable, and in that time legal teams have been working out how best to successfully accomplish this process. ...more

Amendments to ESI Spoliation Sanctions Seek to Create Uniformity in Federal Courts

by White & Case LLP on

Federal Rule of Civil Procedure 37(e) sets forth the requirements for the retention of electronically stored information ("ESI") and the corresponding sanctions available to remedy the loss of ESI. New amendments to Rule...more

Groundhog Day: Don’t Get Stuck When Collecting New Data Types

by Exterro, Inc. on

February 2nd is Groundhog Day, and while we all know of the tradition of Punxsutawney Phil’s famous shadow forecasting the arrival of spring, many of us can’t help but think of the 1993 film starring Bill Murray. In it, he...more

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