Compared to what might be described as an epistemological analysis of some aspects of Delaware corporate law, this short post is a more practical tool for the toolbox of litigators who can benefit, on a substantive level, from enforcing strict compliance with procedural discovery rules. In the case styled: In re Delaware Public Schools Litigation
fee-shifting
Litigation Misconduct Warrants Fee Shifting
By Francis Pileggi on
Posted in Selected Articles by Francis
For my latest ethics column, now in its 25th year, for the national publication of the American Inns of Court called The Bencher, in the January/February 2024 edition, I highlight a decision of the Delaware Court of Chancery that addressed litigation misconduct in a summary proceeding under Section 220 of the Delaware General Corporation…
Two Recent Chancery Decisions Provide Cautionary Tales in Section 220 Matters
By Francis Pileggi on
Posted in Chancery Court Updates
Over the last 18 years that I have maintained this blog, I have published highlights on these pages, and elsewhere, of about 190 or so Delaware decisions involving stockholder demands under DGCL Section 220 for books and records, as well as the analogue in the LLC context. Nowadays, I only highlight those I find to be…
Chancery Clarifies Standard to Shift Fees for Improper Litigation Conduct
By Francis Pileggi on
Posted in Chancery Court Updates
For the last 16 years, these pages have featured many highlights of court decisions addressing the right of a stockholder, or a member of an LLC, to demand a company’s “books and records“. Regular readers will recall much commentary about why the exercise of such rights are not for the fainthearted.
Why this decision…
Chancery Addresses Contractual Fee-Shifting Where Prevailing Party Is Unclear
By Francis Pileggi on
Posted in Chancery Court Updates
Applying a contractual fee-shifting provision when it is not clear which party prevailed, is a topic that does not benefit from an extensive body of case law, relatively speaking. The recent Court of Chancery decision in Great Hill Equity Partners IV, LP v. SIG Growth Equity Fund I, LLLP, C.A. No. 7906-VCG (Del. Ch. Dec.…
Chancery Denies Attorneys’ Fees for Successful Suit to Compel Annual Meeting
By Francis Pileggi on
Posted in Chancery Court Updates
The Court of Chancery recently denied a request for attorneys’ fees that were sought pursuant to the corporate benefit doctrine despite a successful suit under Section 211 of the Delaware General Corporation Law (DGCL) to compel a company to hold an annual meeting. In Martin v. Harbor Diversified, Inc., C.A. No. 2018-0762-SG (Del. Ch. Feb.…
Chancery Court Rejects Request for Fees and Costs Despite Granting Second Motion to Compel Discovery Against eBay
By Francis Pileggi on
Posted in Chancery Court Updates
eBay Domestic Holdings, Inc. v. Newmark, No. 3705-CC (Del. Ch. Oct. 29, 2009), read opinion here. See prior Chancery Court decisions in this case summarized here and here. This letter decision rules on a Motion to Compel discovery responses and continuations of depositions.
Background and Prior Order
There were six separate aspects of the…
Chancery Court Compensates Lead Plaintiff in Class Action Against Boston University
By Francis Pileggi on
Posted in Chancery Court Updates
Oliver v. Boston University, No. 16570-VCN (Del. Ch., May 29, 2009), read letter decision here. Prior opinions in this case by the Chancery Court were summarized here on this blog. This latest decision addresses a few open issues after the approval of a class action settlement.
Issues Addressed and Decided
- Award to Lead Plaintiff.
…
Chancery Court Disqualifies Counsel Due to Litigation Conduct Involving Privileged Documents and Witness Interviews; and Addresses Standing to Allege Ethical Violations
By Francis Pileggi on
Posted in Chancery Court Updates
In Postorivo v. AG Paintball Holdings, Inc., 2008 WL 3876199 (Del. Ch., Aug. 20, 2008), read opinion here, the Chancery Court disqualified from the case (i.e., colloquially, kicked off the case) certain lawyers of the defense team due to their litigation conduct which also raised issues about their compliance with the Delaware Lawyers’ Rules of Professional Conduct. Though…