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Friday Notes

February 24, 2012 20:57

Note number one is that I promise to resume posting regularly. I haven't been very good at keeping up here as my case load has grown. It was important for me to spend my time focusing on managing my growing eDiscovery client work. (Don't feel bad though, because you aren't the only ones I've...

17 Morris James Attorneys Named In The Best Lawyers in America® 2012 in 20 Practice Areas

August 31, 2011 19:18

Seventeen Morris James attorneys are listed as being among the most elite lawyers in their practices in The Best Lawyers in America® 2012. The Best Lawyers in America® has become universally regarded as the definitive guide to legal excellence. Their rigorous research is based on an...

[UPDATE] In Defense of Genger, Part II

July 19, 2011 19:20

Follow @cspizzirri UPDATE: I hate to say I told you so, but...wait, no I don't. Yesterday, the Delaware Supreme Court issued its opinion in this matter affirming the Court of Chancery's spoliation finding. The Court held the spoliation finding proper, because Genger...

The Tenth Circuit Speaks!

May 06, 2011 00:22

No doubt jealous of all the attention our beloved Judge Shira Scheindlin receives, two days ago U.S. Court of Appeals for the Tenth Circuit Judge Neil M. Gorsuch issued an order in Lee v. Max International, LLC affirming a terminating sanction in discovery. Woo hoo! In one fell swoop, Judge Gorsuch...

[Update] Pulte Gets Pinched for Spoliation

April 04, 2011 21:01

UPDATE: I have amended my post based on some very thoughtful clarification from Dennis Kiker in the comments. Added text is underlined, and deleted text is struckthrough. ORIGINAL POST (February 28, 2011): LTN reports that national home builder Pulte Homes was caught deleting emails and wiping...

In Defense of Genger, Part II

March 11, 2011 18:20

I had almost given up on writing this post considering how long it has been since I posted In Defense of Genger, Part I and (more importantly) how long it has been since the publication of the posts I am taking issue with.  However, the ongoing confusion about this case has prompted me to...

Pulte Gets Pinched for Spoliation

February 28, 2011 16:34

LTN reports that national home builder Pulte Homes was caught deleting emails and wiping hard drives in direct violation of a court order: Forsyth County Superior Court Chief Judge Jeffrey S. Bagley has ordered sanctions against Pulte Home Corp. for destroying e-mails and other electronic evidence...

[UPDATE] Using search as a shield?

February 21, 2011 17:37

UPDATE: Sorry for the quasi-necropost, but I just stumbled upon relevant case law.  In reading Cecil Lynn's excellent recent article on Law.com, Drama & Destruction, that provides a great rundown of 2010 case law, I came across this case summary: In Ross v. Abercrombie & Fitch,...

[UPDATE] eDiscovery is Optional in Delaware Court of Chancery

February 18, 2011 17:33

UPDATE: Apparently I am the only one who seems to be concerned with the Court of Chancery's unqualified allowance for parties to agree to forgo discovery of ESI.  Here are the other blog posts I found that have reported on the new guidelines, not a single one raises any concern: Delaware Court...

eDiscovery is Optional in Delaware Court of Chancery

January 24, 2011 15:19

Last week, the Delaware Court of Chancery—one of the nation's premier business Courts—unexpectedly issued a one and a half page "Guidelines for Preservation of Electronically Stored Information."  Surprisingly, the Guidelines allow parties to opt-out of document discovery...