New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | October 3, 2022
A district court recently was pressed to revisit issues that many may consider settled as part of today's standard practice. In granting a motion to compel, the court provided useful guidance—and reminders—on well-worn topics, including compliance with an ESI protocol (yes, please), the propriety of self-searching and self-collection of email by custodians (no, thank you), and whether a party is required to produce metadata (yes, please).
Delaware Business Court Insider
By Ellen Bardash | September 30, 2022
Christopher Sontchi, a former District of Delaware bankruptcy judge, has been named special discovery master assigned to determine whether either side will need to hand over documents they say are privileged.
By Andrew Goudsward | September 30, 2022
Attorney General Merrick Garland will require the heads of agencies seeking to invoke the state secrets privilege in litigation to submit a personal declaration laying out why the privilege is needed to protect national security.
By Brad Kutner | September 29, 2022
E-discovery vendors said there are a number of reasons a company would not want to be involved in handling the review of documents seized from Mar-a-Lago.
By Ellen Bardash | September 27, 2022
A more than three-hour hearing on the outstanding motions before Chancellor Kathaleen McCormick concluded with argument involving unshared messages sent to and from Musk on Signal.
Delaware Business Court Insider
By Ellen Bardash | September 27, 2022
A more than three-hour hearing on the outstanding motions before Chancellor Kathaleen McCormick concluded with argument involving unshared messages sent to and from Musk on Signal.
By Amanda Bronstad | September 22, 2022
Plaintiffs attorneys sought unspecified fees and costs in a filing on Thursday after U.S. District Judge Vince Chhabria held a Sept. 15 hearing over sanctions against Facebook and its law firm, Gibson Dunn.
Delaware Business Court Insider
By Ellen Bardash | September 21, 2022
For the Court of Chancery, this is an opportunity to say, "it doesn't matter the size of the case. Here are the rules in enforcing a contract case."
Delaware Business Court Insider
By Ellen Bardash | September 19, 2022
Representing Elon Musk, Ed Micheletti of Skadden Arps Slate Meagher & Flom said Twitter shareholders were neither third-party beneficiaries and that claim, along with one for breach of fiduciary duty, should be dismissed.
By Allison Dunn | September 16, 2022
"At the end of the day, we're officers of the court. At some point if you realize your client is unwilling to or incapable of doing this right, it's going to fall on you," said the plaintiffs' lead attorney, John Sten, a partner at Armstrong Teasdale in Boston. "Your client not having the ability to afford it is no excuse if you're going to represent them. I hate that because you don't want to take it out of your own pocketbook, but I bet they wish they would have done that now."
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