The Business Lawyer, an ABA publication, arrived in the mail today with two articles that should be of interest to those who follow Delaware corporate law. The foregoing link to the online version does not yet have the current issue, which the cover announces as Volume 66, Issue 4, but two articles, at pages
attorney/client privilege
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 Chancery Court 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…
Chancery Decides “Dueling” Motions to Compel in Rohm and Haas v. Dow Chemical Suit
By Francis Pileggi on
Posted in Chancery Court Updates
Rohm and Haas Co. v. The Dow Chemical Co., (Del. Ch., Feb. 26, 2009), read opinion here. This is the latest in a series of pre-trial rulings on discovery disputes in this expedited matter. For prior rulings in this case highlighted on this blog, see here.
This letter decision involved three discovery issues. A…
Electronic Discovery Lesson: Waiver of Attorney/Client Privilege and Non-Core Work Product for Attorney Interviews with Custodians to Establish that Failure to Preserve ESI Was Inadvertent
By Francis Pileggi on
Posted in Other Court Decisions
In re Intel Corp. Microprocessor Antitrust Litigation, 2008 WL 2310288 (D.Del. 2008), read opinion here. This is an opinion that should be read by anyone who wants to, or needs to, keep up to date on electronic discovery (EDD) pitfalls (read: all business litigators). The backdrop to this particular dispute in the litigation involved the inadvertent failure…
“At Issue” Exception Not Applicable To Attorney/Client Privilege
By Francis Pileggi on
Posted in Chancery Court Updates
In the case of In Re William Lyon Homes Shareholder Litigation, 2008 WL 3522437 (Del. Ch., Aug. 8, 2008), the Chancery Court ruled that the "at issue" exception to the attorney/client privilege did not apply to the facts of the case, and thus the privilege was not waived, because the defendants specifically adopted a tactic…