In a recent letter ruling, the Delaware Court of Chancery provided a short tutorial on the Chancery rules of procedure that describe the specific requirements for responding to discovery and the detail that the parties are obligated to provide, especially for objections. See Bocock, et al. v. Innovate Corp., et al., C.A. No.
discovery
Preserving Attorney/Client Privilege for Outside Directors
By Francis Pileggi on
Posted in Chancery Court Updates, Commentary
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…
Chancery Instructs on Best Practice for Motion to Compel and Need to be Forthcoming with Document Production
By Francis Pileggi on
Posted in Chancery Court Updates
An Eckert Seamans associate prepared this overview.
In a recent transcript ruling in the case styled Doctors Pathology Servs., PA v. Gerges, C.A. No. 11457-CB, transcript (Del. Ch. Feb, 15, 2017), Chancellor Bouchard provides additional guidance to attorneys seeking to file motions to compel discovery in the Delaware Court of Chancery. This ruling…
Court of Chancery Addresses Discovery Conduct
By Aimee Czachorowski on
Posted in Chancery Court Updates, Uncategorized
The Court of Chancery recently reiterated its expectations of Delaware discovery conduct at a hearing in Medicalgorithmics S.A. v. AMI Monitoring, Inc., C.A. No. 10948-CB (Transcript). Notable among the Court’s comments at the hearing were:
- The Court stressed the importance of attorney review of documents before production, saying that, absent a “quick-peek” agreement, attorney involvement
…
Chancery Penalizes Obstruction in Efforts to Take Deposition
By Francis Pileggi on
Posted in Chancery Court Updates
Cartanza v. Cartanza, C.A. No. 7618-VCP (Del. Ch. April 16, 2013).
Issue Addressed: Whether attorneys’ fees should be awarded due to defense counsel obstructing the efforts of opposing counsel to depose his client.
Short Answer: Yes.
Brief Overview
This letter ruling is a useful tool for the toolbox of any litigator. In essence,…
Supreme Court Announces New Standard for Missed Pre-Trial Deadline
By Francis Pileggi on
Posted in Delaware Supreme Court Updates
In Christian v. Counseling Resource Associates, Inc., Del. Supr., No. 460, 2011 (Jan. 2, 2013) (revised March 26, 2013), the Delaware Supreme Court promulgated a new standard for trial courts to apply in determining what the penalty should be when a pre-trial deadline is not met by one of the parties in the case.…
Key Corporate and Commercial Decisions in the 2nd and 3rd Quarters of 2012
Key corporate and commercial decisions that we have highlighted, with commentary, over the last few months (roughly the 2nd and 3rd quarters of 2012), are compiled at the hyperlinks below for the convenience of our readers.
Supreme Court Upholds $2 Billion Judgment and $300 Million Fee Award
LP Member Protected from Self-Interested Transaction by Terms …
Court Bars Production of Expert Report for Board
By Francis Pileggi on
Posted in Chancery Court Updates
New Jersey Carpenters Pension Fund v. infoGroup, Inc., C.A. No. 5334-VCN (Del. Ch. Aug. 16, 2012).
Issue: Can Plaintiff compel the expert report prepared by the company’s counsel for the board in anticipation of litigation?
Short Answer: No, based on the facts of this case. Importantly, the Court of Chancery ruled…
Chancery Employs Tempered Solution for Discovery Issues
By Francis Pileggi on
Posted in Chancery Court Updates
Salgado v. Mobile Services International LLC, C.A. No. 5268-VCN (Nov. 30, 2011), read letter ruling here.
Issue Addressed
The Court addressed the best solution for dealing with the failure of one of the parties to comply with both the prior discovery orders of the Court and the applicable rules regarding discovery.
Very Brief …
Chancery Rules on Motion to Compel Discovery
By Francis Pileggi on
Posted in Chancery Court Updates
Ross Holding and Management Company v. Advance Realty Group LLC, C.A. No. 4113-VCN (Del. Ch. Sept. 29, 2011). Read opinion here.
Issue Addressed: This short letter ruling granted in part a motion to compel unredacted tax returns and related documents. The requested documents related to a claim by the plaintiff that the defendants…