Chancery Addresses Attorney/Client Privilege and Work Product Doctrine
JPMorgan Chase & Co. v. American Century Companies, Inc., C.A. No. 6875-VCN (Del. Ch. April 18, 2013). Issue Addressed: Whether the attorney/client privilege and work product doctrine were defenses to a motion to compel? Short Answer: Yes in part and no … Continue reading
Chancery Denies Advancement Claim
Emerging Growth Fund, L.P. v. Figlus, C.A. No. 7936-VCP (Del. Ch. Mar. 28, 2013). This Chancery opinion denies a claim for advancement which was made as part of and in the context of a motion for a preliminary injunction to enforce the terms … Continue reading
Delaware Supreme Court on Promissory Estoppel
Harmon v. Delaware Harness Racing Commission, Del. Supr., No. 676, 2011 (Feb. 15, 2013). Although this Delaware Supreme Court decision addresses the limited issue of whether a promissory estoppel claim is allowable against a state agency in the employment context, … Continue reading
Supreme Court Announces New Standard for Missed Pre-Trial Deadline
In Christian v. Counseling Resource Associates, Inc., Del. Supr., No. 460, 2011 (Jan. 2, 2013) (revised March 26, 2013), the Delaware Supreme Court promulgated a new standard for trial courts to apply in determining what the penalty should be when a … Continue reading
Delaware Court of Chancery Publishes Guidelines for Practitioners and Litigants
The Court of Chancery hosted a seminar for practitioners on December 7, 2012 in Wilmington, in order to explain its recently promulgated Practice Guidelines as well as recent amendments to the rules governing confidentiality and electronic discovery. The materials discussed and … Continue reading
Noteworthy 2011 Corporate and Commercial Decisions from Delaware’s Supreme Court and Court of Chancery
Noteworthy 2011 Corporate and Commercial Decisions from Delaware’s Supreme Court and Court of Chancery. By: Francis G.X. Pileggi and Kevin F. Brady. Introduction This is the seventh year that we are providing an annual review of key Delaware corporate and … Continue reading
District of Delaware Revises Default Standard for Discovery of Electronically Stored Information
Periodically we report on rule changes in the federal courts so that practitioners are away of these changes and how they might affect litigation practice in Delaware courts. On December 8, 2011, the District of Delaware revised its Default Standard … Continue reading
NJ Court Disqualifies Counsel Due to Conflict Based on Changing Firms
Martin v. AtlantiCare, 2011 U.S. Dist. LEXIS 122987 (Oct. 25, 2011 D.N.J.). Read opinion here . Although this overview is not highlighting a Delaware decision, because the issue addressed is an important one and the Court’s reasoning may be applicable … Continue reading
United States Supreme Court Denies Certiorari in Insurer Standing Case
In re Global Industrial Technologies, Inc., 645 F.3d 201 (3d Cir. 2011), cert. denied, No. 11-280 (2011). On November 7, 2011, the U.S. Supreme Court denied certiorari of the Third Circuit decision in the Global Industrial Technologies bankruptcy that granted … Continue reading
Federal Bench in Delaware Now at Full Strength
For the first time in about 5 years, the U.S. District Court for the District of Delaware will not have a empty chair among its full-time members. Richard Andrews was confirmed this week by the U.S. Senate for a position … Continue reading
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