Chancery Decides “Dueling” Motions to Compel in Rohm and Haas v. Dow Chemical...
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...
View ArticleMotion to Compel Granted
In re: John Q. Hammons Hotels, Inc. Shareholder Litigation, Del. Ch., No. 758-CC (March 25, 2009), read letter decision here. This Chancery Court ruling granted a motion to compel pursuant to Rule...
View ArticleCourt Grants Motion to Compel Director Emails After Company Fails to Preserve...
Grace Brothers, Ltd. v. Siena Holdings, Inc., et al., No. 184-CC (Del. Ch., June 2, 2009), read letter decision here. Kevin Brady, a highly respected Delaware litigator, provides us with the benefit...
View ArticleChancery Court Rejects Request for Fees and Costs Despite Granting Second...
eBay Domestic Holdings, Inc. v. Newmark, No. 3705-CC (Del. Ch. Oct. 29, 2009), read opinion here. See prior Chancery Court decisions in this case summarized here and here. This letter decision rules...
View ArticleChancery Rules on Motion to Compel Discovery
Ross Holding and Management Company v. Advance Realty Group LLC, C.A. No. 4113-VCN (Del. Ch. Sept. 29, 2011). Read opinion here. Issue Addressed: This short letter ruling granted in part a motion to...
View ArticleDiscovery Practice in Delaware’s Court of Chancery
Lake Treasure Holdings Ltd. v. Foundry Hill GP, No. 6546-VCL (Del. Ch.) Why this case is noteworthy: This ruling provides practical insight into the logistical realities of discovery practice in the...
View ArticleChancery Addresses “At Issue” Exception to Attorney/Client Privilege
In re Comverge, Inc., Shareholders Litigation, C.A. No. 7368-VCP (Del. Ch. April 10, 2013). Issue Presented: Whether the attorney-client privilege was a defense to a motion to compel documents. Short...
View ArticleChancery 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...
View ArticleAward of Fees Upheld; Motion for Reargument Denied
Cartanza v. Cartanza, C.A. No. 7618-VCP (Del. Ch. July 8, 2013). Bottom line: This short letter ruling amplified the reasoning in the court’s prior decision in this case, highlighted here, in which the...
View ArticleChancery Instructs on Best Practice for Motion to Compel and Need to be...
An Eckert Seamans associate prepared this overview. In a recent transcript ruling in the case styled Doctors Pathology Servs., PA v. Gerges, C.A. No. 11457-CB, transcript (Del. Ch. Feb, 15, 2017),...
View ArticleCourt Orders Waiver of Privilege Due to Deficient Privilege Log
A recent bench ruling from the Court of Chancery granted a motion to compel production of documents improperly withheld as privileged–and in the process ordered that privilege was waived due to the...
View ArticleChancery Rules on Motion to Compel Discovery
Ross Holding and Management Company v. Advance Realty Group LLC, C.A. No. 4113-VCN (Del. Ch. Sept. 29, 2011). Read opinion here. Issue Addressed: This short letter ruling granted in part a motion to...
View ArticleDiscovery Practice in Delaware’s Court of Chancery
Lake Treasure Holdings Ltd. v. Foundry Hill GP, No. 6546-VCL (Del. Ch. Sept. 11, 2012). Why this case is noteworthy: This ruling provides practical insight into the logistical realities of discovery...
View ArticleChancery Addresses “At Issue” Exception to Attorney/Client Privilege
In re Comverge, Inc., Shareholders Litigation, C.A. No. 7368-VCP (Del. Ch. April 10, 2013). Issue Presented: Whether the attorney-client privilege was a defense to a motion to compel documents. Short...
View ArticleChancery 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...
View ArticleAward of Fees Upheld; Motion for Reargument Denied
Cartanza v. Cartanza, C.A. No. 7618-VCP (Del. Ch. July 8, 2013). Bottom line: This short letter ruling amplified the reasoning in the court’s prior decision in this case, highlighted here, in which the...
View ArticleChancery Instructs on Best Practice for Motion to Compel and Need to be...
An Eckert Seamans associate prepared this overview. In a recent transcript ruling in the case styled Doctors Pathology Servs., PA v. Gerges, C.A. No. 11457-CB, transcript (Del. Ch. Feb, 15, 2017),...
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