“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...
View ArticleChancery Orders Production of Investment Banker’s Documents Despite Work...
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...
View ArticleElectronic Discovery Lesson: Waiver of Attorney/Client Privilege and Non-Core...
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...
View ArticleChancery 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 ArticleCourt 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...
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 ArticleAttorney/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:...
View ArticleChancery 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...
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