Model Order suggested for patent litigation By Peter Coons, Senior Vice President, Computer Forensics and Collections Expert, D4 In late September 2011, at the Eastern District of Texas Judicial Conference, Chief Judge Randall R. Rader introduced a Model Order to be used in patent litigation. Of interest to me are the items in the Order [...]

E-Discovery Counsel: A Key Member of the Litigation Team March Madness has been electric in Richmond, Virginia.  Two Cinderella teams in the Sweet Sixteen.  Now, one in the Final Four.  Has that happened to any other city the size of Richmond?  I didn’t bother to Google it because I really didn’t want to know.  It [...]

E-Discovery Traffic Control – Merging on the Litigation Superhighway We have all been there. The other day, I found myself dutifully inching along in the right-hand lane that leads to the freeway entrance, waiting for that moment when we can finally stop riding the brakes and get moving down the road. And, then, some wise [...]

New Jersey District Judge Grants Spoliation Sanctions Citing Negligent Litigation Hold Procedures Failure to properly preserve electronic evidence continues to provide at-risk litigants with the ability to steer the court from scrutiny of the merits, and drastically shift the balance of litigation leverage. The latest example of this is NVE, Inc. v. Palmeroni out of [...]

E-Discovery Sanctions May Be Entered and Have Consequences Long After Litigation Concludes Even after a particular case has concluded, the risk of sanctions arising from e-discovery violations persists. Green v. Blitz U.S.A. was one of many products liability suits alleging injuries resulting from the defendant’s failure to equip its gas can with a “flame arrester.” [...]

Peter B. Ladig Joins Morris James LLP as a Partner in the Corporate and Fiduciary Litigation Group Morris James LLP is pleased to announce Peter B. Ladig has joined the firm as of June 1, 2010.  The majority of Mr. Ladig’s practice is in the Delaware Court of Chancery, although he has extensive experience in [...]

Benchmark Litigation 2011 Names 5 Morris James Partners Among Top “Local Litigation Stars” Morris James LLP is pleased to announce that five of its partners have been recognized among the top Delaware litigation attorneys in Benchmark Litigation 2011 – The Guide to America’s Leading Litigation Firms and Attorneys. Morris James’ Litigation Stars Rich Galperin  Clark [...]

Motion for Sanctions Denied Due to DuPont’s Reasonable, Professional Efforts to Implement and Update Litigation Hold Notices On April 27, 2011, the Court denied Defendant Kolon Industries, Inc.’s (“Kolon”) motion for sanctions against E.I. du Pont De Nemours and Company (“DuPont”) for alleged spoliation of four employees’ e-mail accounts and documents in litigation regarding trade [...]

Market research: 88% of FTSE 100 Companies at Risk of Litigation Energy, travel and pharmaceutical firms at highest risk, also in Europe! In a recent survey of the FTSE 100 (Financial Times Stock Exchange, London) which indicates that 88% of the FTSE 100 are at risk of litigation due to their susceptibility to a number [...]

How to Become Litigation Ready eDiscovery is a process that is completely driven by litigation response: if you are involved in litigation and have received a legal hold letter, you must follow the legal rules and best practices to avoid fines, sanctions and worst case: severe damage to your reputation and the potential for additional [...]