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
work product doctrine
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: …
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.
This letter decision provides a useful application…
Court Bars Production of Expert Report for Board
New Jersey Carpenters Pension Fund v. infoGroup, Inc., C.A. No. 5334-VCN (Del. Ch. Aug. 16, 2012).
Issue: Can Plaintiff compel the expert report prepared by the company’s counsel for the board in anticipation of litigation?
Short Answer: No, based on the facts of this case. Importantly, the Court of Chancery ruled…
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…
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…
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…
“At Issue” Exception Not Applicable To Attorney/Client Privilege
In the case of In Re William Lyon Homes Shareholder Litigation, 2008 WL 3522437 (Del. Ch., Aug. 8, 2008), the Chancery Court ruled that the "at issue" exception to the attorney/client privilege did not apply to the facts of the case, and thus the privilege was not waived, because the defendants specifically adopted a tactic…