Tag Archives: electronic discovery

Chancery Provides Guidance on Electronic Discovery Practices

A recent Delaware Court of Chancery decision is noteworthy for the clarification it provides regarding several nuances of electronic discovery practice. See Ferguson v. Capital Development Insurance Company, LLC, C.A. No. 2018-0831-KSJM (Del. Ch. Oct. 8, 2019). Key Points: Among the helpful takeaways from this short letter ruling are the following: Although the Guidelines for … Continue Reading

Chancery Explains Basis for Fiduciary Duty Default Standards Applicable to LLCs

Auriga Capital Corp. v. Gatz Properties LLC, C.A. No. 4390-CS (Del. Ch., Jan. 27, 2012), read opinion here. What this Case is About and Why it is Important This case establishes a high-water mark in terms of providing the most comprehensive explanation, based on legislative history and a review of Delaware cases, to explain why … Continue Reading

District of Delaware Revises Default Standard for Discovery of Electronically Stored Information

Periodically we report on rule changes in the federal courts so that practitioners are away of these changes and how they might affect litigation practice in Delaware courts.  On December 8, 2011, the District of Delaware revised its Default Standard for Discovery Including Electronically Stored Information (the “Revised Default Standard”), which applies if the parties … Continue Reading

New Articles on Delaware Law, re: Attorney/Client Privilege and Disclosures Regarding Fairness Opinions

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 901 and 943, … Continue Reading

Chancery Court Grants Stay Requested by Special Litigation Committee Except for Production of Electronic Information

London v. Tyrrell, Del. Ch., No. 3321-CC (April 2, 2009), read letter decision here. Kevin Brady, a highly respected Delaware litigator, has provided us with the following case review. In a interesting twist on the issue of staying discovery so the Special Litigation Committee can complete its investigation, Chancellor Chandler, in a two-page letter decision on … Continue Reading

Chancery Decides Important Electronic Discovery Issues and Conventional Discovery Issues

Kinexus  Representative LLC v. Advent Software, Inc. (Del. Ch., Sept. 22, 2008), read opinion here. In this Chancery Court decision, that decided cross motions to compel discovery, the  Court addressed important and practical issues involving electronic discovery and what the Court will accept as satisfactory responses to both interrogatories and requests for documents. The key parts … Continue Reading

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

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 to … Continue Reading

Clawback Provision Honored to Avoid Waiver of Inadvertently Produced Privileged Email

In Hexion Specialty Chemicals, Inc. v. Huntsman Corp., 2008 WL 3522445 (Del. Ch., Aug. 12, 2008), the Chancery Court denied a motion to compel an inadvertently produced communication that was an attorney/client communication. Importantly, the parties had signed a stipulated Confidentiality Order that had a "standard non-waiver and clawback" provision that allowed one party to demand the return … Continue Reading