A number of Delaware decisions have provided the analytical framework to determine if outside directors have preserved the attorney/client privilege when, for example, they use the email server of another company, or their personal email accounts, to communicate with their lawyers. Edward Micheletti of the Delaware office of the Skadden Arps firm, and two of
custodian
Chancery Grants Expedited Proceedings To Consider Appointment of Receiver or Custodian for Insolvent Company
By Francis Pileggi on
Posted in Chancery Court Updates
Balch Hill Partners, L.P. v. Shocking Technologies, Inc., C.A. No. 8249-VCN (Del. Ch. Feb. 7, 2013).
Issue addressed: Whether expedited proceedings should be granted to consider the appointment of a receiver or custodian for an allegedly insolvent company pursuant to DGCL Sections 291 and 226? Short answer: Yes
Brief Overview
This letter…
Delaware Chancery Court Appoints Custodian for Deadlocked Corporation
By Francis Pileggi on
Posted in Chancery Court Updates
Miller v. Miller, 2009 Del. Ch. LEXIS 16 (Feb. 10, 2009)(revised Feb. 17, 2009). This Delaware Chancery Court opinion appointed a custodian (for a limited time and with limited authority), for a corporation owned 50/50 by two brothers. The appointment was pursuant to Section 226 of the Delaware General Corporation Law (DGCL).…
Chancery Rejects Request to Appoint Custodian
By Francis Pileggi on
Posted in Chancery Court Updates
Klamka v. OneSource Technologies, Inc., (Del. Ch., Dec. 15, 2008), is a decision that may be limited to its unusual procedural and factual posture, but it applies a key statute, so I include a reference to it. The pro se plaintiff sought a default judgment on its claim for the appointment of a custodian pursuant to…