Posted on June 15, 2009 by Francis G.X. Pileggi

Four Recent Chancery Court Decisions on Electronic Discovery Issues

The Delaware Chancery Court recently issued four decisions in as many weeks on topics related to electronic discovery. These cases have been summarized already on this blog but I want to collect links to them all on one page for convenience. The cases with links to their summaries are as... Continue Reading...
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Posted on April 6, 2009 by Francis G.X. Pileggi

Chancery Court Grants Stay Requested by Special Litigation Committee Except for Production of Electronic Information

London v. Tyrrell, Del. Ch., No. 3321-CC (April 2, 2009), read letter decision here. Kevin Brady, a highly respected Delaware litigator, has provided us with the following case review. In a interesting twist on the issue of staying discovery so the Special Litigation Committee can complete its investigation, Chancellor Chandler,... Continue Reading...
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Posted on October 19, 2008 by Francis G.X. Pileggi

Chancery Decides Important Electronic Discovery Issues and Conventional Discovery Issues

Kinexus Representative LLC v. Advent Software, Inc. (Del. Ch., Sept. 22, 2008), read opinion here. In this Chancery Court decision, that decided cross motions to compel discovery, the Court addressed important and practical issues involving electronic discovery and what the Court will accept as satisfactory responses to both interrogatories and... Continue Reading...
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Posted on August 19, 2008 by Francis G.X. Pileggi

Clawback Provision Honored to Avoid Waiver of Inadvertently Produced Privileged Email

In Hexion Specialty Chemicals, Inc. v. Huntsman Corp., 2008 WL 3522445 (Del. Ch., Aug. 12, 2008), the Chancery Court denied a motion to compel an inadvertently produced communication that was an attorney/client communication. Importantly, the parties had signed a stipulated Confidentiality Order that had a "standard non-waiver and clawback" provision... Continue Reading...
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