The Third Circuit recently clarified that the unsealing of confidential documents subject to protective order in bankruptcy cases is governed by § 107 of the Bankruptcy Code, rather than the common law....more
The practice of law requires the synthesis of law, regulation, and judicial holdings into cohesive legal advice. The best way to develop skill is under the guidance of a more experienced attorney, as reflected by the American...more
Burkhart v. Genworth Fin., Inc., C.A. No. 2018-0691-NAC (Del. Ch. Aug. 21, 2024).
The rise in litigation funding brings a predictable follow-on question: Are litigation funding agreements protected as work product, or...more
Huntsman Int'l, LLC v. Benelux, C.A. No. N17C-11-242 MAA CCLD (Del. Super. Ct. Aug. 13, 2024).
In the age of big data, discovery can extend beyond traditional documents and communications to myriad tools and databases....more
PVH Polymath Venture Holdings Ltd. v. TAG Fintech Inc., C.A. No. 2023-0502-BWD (Del. Ch. Jan. 26, 2024) -
Under the “bad faith” exception to the American Rule, Delaware courts will consider shifting fees when aggressive...more
The topic of Artificial Intelligence dominated both the popular and professional landscapes for the last year, exemplified by the release and subsequent downloads of the generative A.I. program ChatGPT, resulting in well...more
ChatGPT rolled out to the public in November 2022, and “Generative A.I.” has captured the public's imagination in the 15 months since the popular program and others like it became available....more
Bocock v. Innovate Corp., C.A. No. 2021-0224-PAF (Del. Ch. Dec. 6, 2023) -
In this recent letter opinion, Vice Chancellor Fioravanti considered whether the plaintiffs’ failure to provide specific objections to discovery...more
Cyber-attacks become more common with each passing year, and the increased number of attacks means more protected data is vulnerable to data breach. As more and more business has moved online in the twenty-first century,...more
On February 9, at the Rubenstein-Walsh CLE on Ethics and Professionalism for the Delaware State Bar Association, a panel of experts, including Vice Chancellor Cook, discussed the importance of these logs, and the care and...more
Gener8 LLC v. Castanon, 2022-0246-LWW (Del. Ch. Sept. 29, 2023) -
This dispute concerned a non-compete agreement that the plaintiffs alleged the defendant breached by establishing a competing business. The defendant denied...more
In re AMC Entertainment Hldgs., Inc. S’holder Litig., 2023-0215-MTZ (Del. Ch. May 20, 2023) -
Under Delaware law, class members are entitled to access to the discovery record to assess the terms of a proposed class action...more
Brown v. Matterport, Inc., 2021-0595-LWW (Del. Ch. Jun. 5, 2023) -
The plaintiff sued alleging that the defendants had used lockup restrictions to improperly prevent him from selling shares....more
Police and Fire Ret. Sys. of the City of Detroit v. Musk, C.A. No. 2020-0477-KSJM (Del. Ch. January 31, 2023) -
A communication is privileged under Delaware Rule of Evidence 502(b) if it is confidential and "made for the...more
At this moment, communication is more instantaneous and readily available than at any other point in recorded history, and "recorded history" grows exponentially with each passing year. Across the globe, we collectively...more
Spoliation of evidence can lead to significant litigation sanctions, including adverse inferences, fee-shifting, and—in egregious cases—the entry of a default judgment. In this recent case involving intentional spoliation of...more
In Re Cote D’Azur Estate, C.A. No. 2017-0290-JTL (Del. Ch. Dec. 12, 2022) -
The Hague Evidence Convention provides an alternative method from the Federal Rules of Civil Procedure to compelling production from opposing...more
Surf’s Up Legacy Partners, LLC v. Virgin Fest, LLC, C.A. No. 19C-11-92 (Del. Super. June 6, 2022) -
Delaware courts generally do not permit the redaction of non-responsive material that is otherwise not privileged....more
NetApp, Inc. v. Cinelli, Inc., C.A. No. 2020-1000-LWW (Del. Ch. June 3, 2022) -
This decision clarifies discovery deadlines under the Court of Chancery rules....more
Twin Willows, LLC v. Pritzkur, C.A. No. 2020-0199-PWG (Del. Ch. Feb. 28, 2022) -
This decision involved a Master in Chancery applying well-settled rules on the attorney-client privilege, common interest, and work product...more
SerVaas v. Ford Smart Mobility LLC, C.A. No. 2020-0909-LWW (Del. Ch. Nov. 9, 2021) -
With limited exceptions, directors normally have “unfettered” access to corporate information. This decision indicates, however, that the...more
In Re Dell Technologies Inc Class V Stockholders Litigation, Consol. C.A. No. 2018-0816-JTL (Del. Ch. Sept. 17, 2021) (TRANSCRIPT) -
A director utilizing an email account associated with a different company for board...more
In re: Howard Midstream Energy Partners, LLC, C.A. No. 2021-0487-LWW (Del. Ch. Sept. 22, 2021) -
Issues of corporate privilege among directors entail a fact-specific analysis when a dispute arises among them. Here, the...more
Edward Deane, et al. v. Robert Maginn, Jr., C.A. No. 2017-0346-LWW (Del. Ch. Sept. 8, 2021) -
Delaware courts often grant a motion to stay discovery pending the resolution of a potentially case-dispositive motion to...more
Drachman v. BioDelivery Sciences International, Inc., C.A. No. 2019-0728-LWW (Del. Ch. Aug. 25, 2021) -
Drachman addresses the attorney-client privilege, certain exceptions thereto, including the Garner doctrine, and...more