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What Non-Delaware Lawyers Need to Know About e-Discovery in Delaware

BY Ian D. McCauley
April 01, 2016

Many non-Delaware lawyers will, at some point in their careers, find themselves practicing in a Delaware court after being admitted pro hac vice. For those that do, it is important to note that the Delaware courts take e-discovery seriously and have a sophisticated understanding of it. The body of e-discovery law in Delaware continues to grow, tackling issues as broad as document collection and as narrow as records review and privilege logging. This article serves as a primer on conducting e-discovery in the Delaware courts.

Standards

The Court of Chancery and the Superior Court are the two state courts in Delaware. In 2013, the Court of Chancery included e-Discovery Guidelines as part of the Court of Chancery's broader set of guidelines. The e-Discovery Guidelines tackle such topics as: document collection; privilege log analysis; and cooperation among counsel. In addition, the court also offers standard Confidentiality Stipulations that govern the production of data and contain sample claw-back provisions. The e-Discovery Guidelines and sample Confidentiality Stipulations can be found on the Court of Chancery's website.

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