Posted on June 3, 2009 by Francis G.X. Pileggi

Court Grants Motion to Compel Director Emails After Company Fails to Preserve or Collect That Information

Grace Brothers, Ltd. v. Siena Holdings, Inc., et al., No. 184-CC (Del. Ch., June 2, 2009), read letter decision here. Kevin Brady, a highly respected Delaware litigator, provides us with the benefit of his following review of this letter decision. On June 2, 2009, Chancellor Chandler in granted plaintiff’s... 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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