Tag Archives: work product doctrine

Chancery Grants Access to Special Litigation Committee Documents

A recent Delaware Court of Chancery opinion involved a rare situation: A special litigation committee decided that the derivative plaintiff should be able to pursue a derivative suit that was filed against the company.  In the matter styled: In re Oracle Corporation Derivative Litigation, C.A. No. 2017-0337-SG (Del. Ch. Dec. 4, 2019), the court addressed … Continue Reading

Attorney/Client Privilege and Work Product Doctrine Again Addressed by Chancery

AM General Holdings LLC v. The Renco Group, Inc., C.A. No. 7639-VCN (Del. Ch. April 18, 2013). A prior Chancery decision in this case was highlighted on these pages at this link. Issue Addressed:  Whether the attorney/client privilege and the work product doctrine are defenses to a motion to compel. Short Answer:  They can be. … 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 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

Electronic Discovery Lesson: Waiver of Attorney/Client Privilege and Non-Core Work Product for Attorney Interviews with Custodians to Establish that Failure to Preserve ESI Was Inadvertent

In re Intel Corp. Microprocessor Antitrust Litigation, 2008 WL 2310288 (D.Del. 2008), read opinion here. This is an opinion that should be read by anyone who wants to, or needs to, keep up to date on electronic discovery (EDD) pitfalls (read: all business litigators). The backdrop to this particular dispute in the litigation involved the inadvertent failure to … Continue Reading

Chancery Orders Production of Investment Banker’s Documents Despite Work Product Doctrine

In Hexion Specialty Chemicals, Inc. v. Hunstman Corp., 2008 WL 3878339 (Del. Ch., Aug. 22, 2008), the Chancery Court engages in a thorough discussion of the availability of the protection in Chancery Court Rule 26(b)(4)(B), often referred to as the "work product doctrine". After an extension analysis, the Court determined that the documents needed to … Continue Reading