A recent Delaware Court of Chancery decision provides useful guidance regarding the requirements to preserve evidence in litigation and the potential penalties for spoliation. In the matter styled: In re Facebook, Inc. Derivative Litigation, C.A. Cons. No. 2018-0307-JTL (Del. Ch. Jan. 21, 2025), the court addressed spoliation in litigation involving allegations that Facebook sold personal
discovery
Compliance with Delaware Discovery Rules in Commercial Litigation
Vice Chancellor J. Travis Laster of the Delaware Court of Chancery and Professor Elise Bernlohr Maizel recently published a law review article entitled Discovery as a Compliance Problem, available at this hyperlink, 50 J. Corp. L. 53 (2024), which should be read by all lawyers involved in commercial litigation in Delaware.
Highlights include…
Chancery clarifies nuanced requirements for responding to discovery, and imposes penalties for non-compliance
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.
Preserving Attorney/Client Privilege for Outside Directors
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
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
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
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
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
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…