For my most recent ethics column for The Bencher, now in its 25th year, I highlighted a recent Delaware Court of Chancery decision on the duty of anyone involved in potential or pending litigation to preserve relevant evidence, including electronic data such as emails and text messages, in order to avoid penalties for spoliation.
spoliation
Chancery Imposes Penalties for Spoliation in Facebook Litigation
By Francis Pileggi on
Posted in Court of Chancery Updates
A recent Delaware Court of Chancery decision provides useful guidance regarding the requirements to preserve evidence in litigation and the potential penalties for spoliation. In the matter styled: In re Facebook, Inc. Derivative Litigation, C.A. Cons. No. 2018-0307-JTL (Del. Ch. Jan. 21, 2025), the court addressed spoliation in litigation involving allegations that Facebook sold personal…
Court Rules on Exit of Hedge Fund Partner
By Francis Pileggi on
Posted in Court of Chancery Updates
Seibold v. Camulos Partners LP, C.A. No. 5176-CS (Del. Ch. Sept. 17, 2012).
Issue Addressed: Did hedge fund breach the limited partnership agreement by not distributing to the departing partner his capital investment?
Short Answer: Yes. In addition, the Court addressed many related claims and issues in connection with the departure of …
Four Recent Chancery Court Decisions on Electronic Discovery Issues
By Francis Pileggi on
Posted in Court of Chancery Updates
The Delaware Chancery Court recently issued four decisions in as many weeks on topics related to electronic discovery. These cases have been summarized already on this blog but I want to collect links to them all on one page for convenience. The cases with links to their summaries are as follows:
Grace Brothers Ltd. v. Siena…