Discovery Oversight Exposed Counsel to Deposition
In LaPoint v. AmerisourceBergen Corp, , the Chancery Court gave the defendant two options to having its lead counsel deposed in light of the failure of the lead counsel to confirm that 416 boxes of documents that were responsive to discovery requests were no longer in the possession of the defendant entity but were likely to be responsive to prior document requests. While a subsidiary was in control of the defendant, counsel conveyed the message in reply to discovery that boxes in a warehouse had been searched. After the subsidiary was sold, it was determined that the boxes were not searched and counsel was the only one subject to subpoena who had knowledge about their relevance. If the options offered were not chosen, defense counsel was required to be deposed.
