Tag Archives: motion to compel

Court Orders Waiver of Privilege Due to Deficient Privilege Log

A recent bench ruling from the Court of Chancery granted a motion to compel production of documents improperly withheld as privileged–and in the process ordered that privilege was waived due to the deficient preparation of the privilege log.  See Mountain West Series of Lockton Companies, LLC v. Alliant Insurance Services, Inc., C.A. No. 2019-0226-JTL (transcript) … Continue Reading

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 should be considered … Continue Reading

Chancery Addresses Attorney/Client Privilege and Work Product Doctrine

JPMorgan Chase & Co. v. American Century Companies, Inc., C.A. No. 6875-VCN (Del. Ch. April 18, 2013). Issue Addressed: Whether the attorney/client privilege and work product doctrine were defenses to a motion to compel? Short Answer:  Yes in part and no in part. Brief Overview This letter decision provides a useful application of both the attorney/client … Continue Reading

Chancery Addresses “At Issue” Exception to Attorney/Client Privilege

In re Comverge, Inc., Shareholders Litigation, C.A. No. 7368-VCP (Del. Ch. April 10, 2013). Issue Presented: Whether the attorney-client privilege was a defense to a motion to compel documents. Short Answer:  Yes, under the circumstances of this case. Summary of Analysis The court observed that under Court of Chancery Rule 26(b)(1), the “parties may obtain … Continue Reading

Chancery Rules on Motion to Compel Discovery

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 liquidated, or … Continue Reading

Chancery Court Rejects Request for Fees and Costs Despite Granting Second Motion to Compel Discovery Against eBay

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 Motion to Compel, … Continue Reading

Court Grants Motion to Compel Director Emails After Company Fails to Preserve or Collect That Information

 Grace Brothers, Ltd. v. Siena Holdings, Inc., et al., No. 184-CC (Del. Ch., June 2, 2009), read letter decision here. Kevin Brady, a highly respected Delaware litigator, provides us with the benefit of his following review of this letter decision. On June 2, 2009, Chancellor Chandler in granted plaintiff’s motion to compel emails among defendants directors on … Continue Reading

Motion to Compel Granted

In re: John Q. Hammons Hotels, Inc. Shareholder Litigation, Del. Ch., No. 758-CC (March 25, 2009), read letter decision here. This Chancery Court ruling granted a motion to compel pursuant to Rule 26(b)(1)  for post-merger financial data. This case involved a shareholder class action arising out of a merger transaction. The court described the very broad scope … Continue Reading

Chancery Decides “Dueling” Motions to Compel in Rohm and Haas v. Dow Chemical Suit

Rohm and Haas Co. v. The Dow Chemical Co., (Del. Ch., Feb. 26, 2009), read opinion here. This is the latest in a series of pre-trial rulings on discovery disputes in this expedited matter. For prior rulings in this case highlighted on this blog, see here. This letter decision involved three discovery issues. A Motion to … Continue Reading