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Failure to Maintain Legal Hold Leads to Spoliation, Sanctions, and Fee Shifting in Delaware Superior Court CCLD

Huntsman Int'l, LLC v. Benelux, C.A. No. N17C-11-242 MAA CCLD (Del. Super. Ct. Aug. 13, 2024). In the age of big data, discovery can extend beyond traditional documents and communications to myriad tools and databases....more

A.I. Enthusiasm May Outpace Current Application, But Not For Long

The topic of Artificial Intel­ligence dominated both the popular and professional land­scapes for the last year, exemplified by the release and subsequent downloads of the generative A.I. program ChatGPT, resulting in well...more

Generative A.I. Tools in eDiscovery

ChatGPT rolled out to the public in November 2022, and “Generative A.I.” has captured the public's imagination in the 15 months since the popular program and others like it became available....more

The Importance of Privilege Logs to Delaware Litigation

On February 9, at the Rubenstein-Walsh CLE on Ethics and Professionalism for the Delaware State Bar Association, a panel of experts, including Vice Chancellor Cook, discussed the importance of these logs, and the care and...more

Threading the Labyrinth of Modern Email Collections

At this moment, communication is more instantaneous and readily available than at any other point in recorded history, and "recorded history" grows exponentially with each passing year. Across the globe, we collectively...more

Delaware Court Enters Default Judgment for Extreme Spoliation

Spoliation of evidence can lead to significant litigation sanctions, including adverse inferences, fee-shifting, and—in egregious cases—the entry of a default judgment. In this recent case involving intentional spoliation of...more

Chancery Declines to Order Production of Privileged Document

Drachman v. BioDelivery Sciences International, Inc., C.A. No. 2019-0728-LWW (Del. Ch. Aug. 25, 2021) - Drachman addresses the attorney-client privilege, certain exceptions thereto, including the Garner doctrine, and...more

Chancery Addresses Common Interest and Privilege Log Issues in Matter Involving Special Discovery Matter

Buttonwood Tree Value Partner, L.P. v. R.L. Polk & Co., Inc., et al., C.A. No. 9250-VCG (Del Ch. Jul. 30, 2021) - With increasing frequency, the Court of Chancery is appointing Special Discovery Masters and Discovery...more

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