Highlights & Analysis of Key Decisions from Delaware's Supreme Court & Court of Chancery
Andrew Ralli of the Delaware office of Lewis Brisbois prepared this post.
The Court of Chancery recently granted a motion to strike portions of a complaint derived from privileged or confidential board-level communications in Icahn Partners LP, et al. v. Francis deSouza, et al., C.A. No. 2023-1045-PAF (Del. Ch. Jan. 16, 2024).
Background
Illumina…
Delaware Court of Chancery Rule 5.1 provides the standard and an intricate series of procedures for the parties to seek “confidential treatment” to prevent pleadings filed with the court from being publicly available. The prior version of the rule referred to this procedures as “filing under seal.” Notably, analogous procedures in federal court employ a…
Delaware Court of Chancery Rule 5.1 defines the requirements for court filings to receive confidential treatment, contrary to the presumption that all court filings should be made available to the public. (The former terminology “under seal” is no longer used in the current version of the rule.) A recent Chancery decision addressed the filing of…
A one-page Delaware Court of Chancery letter decision recently addressed the practical issue created by the intersection of a public trial with the confidential treatment of the content of pleadings and other court filings that have been cloaked with the protection of Rule 5.1 of the Court of Chancery Rules. Bottom line: the court will…
A recent Court of Chancery decision explains the prerequisites that must be satisfied to obtain court approval to prohibit the public from viewing documents filed with the court. In The Chemours Co. v. DowDuPont, Inc., C.A. No. 2019-0351-SG (Del. Ch. June 7, 2019), the court denied a motion for confidential treatment and explained why the…
The Sequoia Presidential Yacht Group LLC v. FE Partners LLC, C.A. No. 8270-VCG (Del. Ch. July 15, 2013).
This ruling amplifies the relative paucity of judicial interpretation of the rather new Court of Chancery Rule 5.1 that defines the standard that must be met before filings with the court will be kept confidential or…
Horres v. Chick-fil-A, Inc., C.A. No. 5530-VCL (Del. Ch. Mar. 27, 2013).
Why this case is noteworthy. This letter ruling is the first decision that interprets the new Court of Chancery Rule 5.1 that became effective on Jan. 1, 2013 and governs those documents that the Court will maintain as confidential and those…