Kevin F. Brady recently published an article entitled: "Who is Mining the Store? Corporate Governance and Data Privacy/Security Issues", which originally appeared on The Conference Board’s Governance Center Blog, and with their permission is available for your reading pleasure here
September 2010
Directorship 100
By Francis Pileggi on
Posted in Commentary
The September issue of Directorship, the magazine of the National Association of Corporate Directors, featured the 100 most influential people in corporate governance. Of course, one would expect to see the members of Delaware’s Supreme Court and Court of Chancery on that list, as well as others that are household names among those who toil in…
Court Rejects Motion to Exclude Testimony of Expert Witnesses
By Francis Pileggi on
Posted in Court of Chancery Updates
In S. Muoio & Co. LLC v. Hallmark Entm’t Invs. Co., et al., C. A. No. 4729-CC (Sept. 16, 2010), read letter ruling here, the Court of Chancery addressed cross-motions in limine by the plaintiff and the Special Committee defendants to exclude certain experts’ rebuttal reports and expert testimony. After reviewing the parties’ submissions as well…
Delaware Court of Chancery Rejects Motion to Disqualify Attorney in Pennsylvania Case
By Francis Pileggi on
Posted in Court of Chancery Updates
SOC-SMG, Inc. v. Day & Zimmerman, C.A. No. 5375-VCS (Del Ch. Sept. 15, 2010), read letter decision here.
Key Issue Addressed
The key issue addressed in this relatively short letter ruling was whether the Court of Chancery should disqualify counsel in a Pennsylvania case and impose other penalties based on conduct that occurred in…
Corporations and Social Justice
By Francis Pileggi on
Posted in Commentary
A recent presidential "appointment" and its likely impact on corporations in the financial sector generated a post by corporate law professor Stephen Bainbridge here. One might ask what relevance that has to this blog’s focus on Delaware corporate and commercial litigation. Well, some issues are of such fundamental importance that they impact almost every…
Recent Developments in the Airgas Case
By Francis Pileggi on
Posted in Commentary
Professor Davidoff comments here on recent developments in the Airgas case. Pending in the Delaware Court of Chancery is a hotly contested, expedited dispute regarding the multi-billion dollar bid by a company called Air Products to purchase Airgas, but so far the suitor’s advances have been rebuffed by Airgas management. However, in an extra-judicial background development…
Chancery Confirms and Clarifies Delaware Law on Privilege Logs and How to Avoid Waiver by Insufficient Detail in a Privilege Log
By Francis Pileggi on
Posted in Court of Chancery Updates
Klig v. Deloitte LLP, C.A. No. 4993-VCL (Del. Ch. Sept. 7, 2010), read opinion here.
Introduction
This 22-page opinion is must reading for any attorney who: (i) seeks to maintain an attorney-client privilege in Delaware litigation; (ii) needs to prepare a privilege log under Delaware law; (iii) practices in the Delaware Court of Chancery…
Delaware Supreme Court Clarifies Requirements for Double Derivative Suit
By Francis Pileggi on
Posted in Court of Chancery Updates
In N.A. Lambrecht v. O’Neal, No. 135, 2010 (Del. Supr. Aug. 27, 2010), read opinion here, the Delaware Supreme Court explained the requirements for pursuing a double derivative suit. That is, it explained what is necessary when the claim is being pursued on behalf of a subsidiary that is wholly owned by a parent…
Chancery Determines Pre-Judgment Interest in Breach of Fiduciary Duty Case
By Francis Pileggi on
Posted in Court of Chancery Updates
Chancery Limits Defendant’s Discovery in Section 220 Case
By Francis Pileggi on
Posted in Court of Chancery Updates
Lim v. The PowerWise Group, Inc., C.A. No. 5529-CC (Del. Ch. Sept. 7, 2010), read letter ruling here.
This overview is presented by Kevin F. Brady of the Connolly Bove firm.
Short Overview
This short letter ruling addressed discovery issues in a Section 220 matter. The discovery issues addressed were the following: (1) Whether documents connected…