Posted on June 1, 2009 by Francis G.X. Pileggi

Chancery Court Issues Major Decision on Duty to Preserve Electronically Stored Information and Imposes Adverse Inference as Penalty for Spoliation of Evidence

Beard Research, Inc. v. Kates, No. 1316-VCP (Del. Ch., May 29, 2009), read opinion here. This is One of Three Chancery Court Decisions Decided in May 2009 that Address Electronic Discovery Issues This Chancery Court decision by Vice Chancellor Parsons is one of three Chancery Court cases decided in May... Continue Reading...
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Posted on May 31, 2009 by Francis G.X. Pileggi

Court Grants Cross-Motions to Compel Discovery But Refuses to Shift Costs to Requesting Party to Pay for Restoration of Emails on Backup Tapes

Omnicare, Inc. v. Mariner Health Care Management Co., No. 3087-VCN (Del. Ch., May 29, 2009), read opinion here. This case review is brought to us by Kevin Brady, a highly respected Delaware litigator. On May 29, 2009, Vice Chancellor Noble issued a decision granting cross-motions to compel in this matter.... Continue Reading...
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Posted on March 6, 2009 by Francis G.X. Pileggi

Federal Court Refuses to Shift Cost of OCR:Multi-Factor Test Applied When Conducting Cost-Shifting Analysis

Proctor & Gamble Co. v. S.C. Johnson & Son, Inc., 2009 U.S. Dist. Lexis 13190 (E.D. Tex.), read Order of Court here. Danielle Blount, an associate in our Wilmington office, prepared this case summary. Optical Character Recognition (“OCR”), is where static images of text are translated into a format, via... Continue Reading...
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Posted on January 9, 2009 by Francis G.X. Pileggi

E-Discovery Rulings--2008 in Review

Here is an article from Law.com that provides an overview of key court rulings during 2008 in the extremely important area of e-discovery (a/k/a EDD).... Continue Reading...
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