Posted on October 30, 2009 by Francis G.X. Pileggi

Chancery Court Rejects Request for Fees and Costs Despite Granting Second Motion to Compel Discovery Against eBay

eBay Domestic Holdings, Inc. v. Newmark, No. 3705-CC (Del. Ch. Oct. 29, 2009), read opinion here. See prior Chancery Court decisions in this case summarized here and here. This letter decision rules on a Motion to Compel discovery responses and continuations of depositions. Background and Prior Order There were six... Continue Reading...
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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 January 8, 2009 by Francis G.X. Pileggi

Chancery Orders Second Deposition on Documents Produced After First Deposition

In Christen v. Trados, Inc., 2008 Del. Ch. LEXIS 179, the Chancery Court ,in a letter decision, decided that a second deposition of key persons had to be taken based on documents produced after their first deposition was concluded. However the court declined, in its discretion, to award costs pursuant... Continue Reading...
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Posted on September 16, 2008 by Francis G.X. Pileggi

Electronic Discovery Lesson: Waiver of Attorney/Client Privilege and Non-Core Work Product for Attorney Interviews with Custodians to Establish that Failure to Preserve ESI Was Inadvertent

In re Intel Corp. Microprocessor Antitrust Litigation, 2008 WL 2310288 (D.Del. 2008), read opinion here. This is an opinion that should be read by anyone who wants to, or needs to, keep up to date on electronic discovery (EDD) pitfalls (read: all business litigators). The backdrop to this particular dispute... Continue Reading...
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