Highlights & Analysis of Key Decisions from Delaware's Supreme Court & Court of Chancery
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…
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:
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Why this case is noteworthy: The Court of Chancery provides a must-read primer on privilege and redaction logs – – and penalties for non-compliance – – in a decision on a motion to compel in Mechel Bluestone, Inc. v. James C. Justice Companies, Inc., C.A. No. 9218-VCL (Del. Ch. Dec. 12, 2014). The underlying…
Klig v. Deloitte LLP, C.A. No. 4993-VCL (Del. Ch. Sept. 7, 2010), read opinion here.
Introduction
This 22-page opinion is must reading for any attorney who: (i) seeks to maintain an attorney-client privilege in Delaware litigation; (ii) needs to prepare a privilege log under Delaware law; (iii) practices in the Delaware Court of Chancery…
In Re Nymex Shareholder Litigation, 2008 WL 3349067 (Del. Ch., July 29, 2008).
This short letter decision can be cited for the basic principle that one cost of asserting that a particular document will not be produced based on a claim of privilege is to prepare a timely privilege log, which in expedited litigation, as here…