Publication Date: 2023-03-21
Practice Area: Discovery
Industry: E-Commerce | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: A. Thompson Bayliss, Daniel J. McBride, Anthony R. Sarna, Abrams & Bayliss LLP, Wilmington, DE for petitioners.
for defendant: Paul J. Lockwood, Jenness E. Parker, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; Patricia L. Enerio, Jamie L. Brown, Aaron M. Nelson, Elizabeth A. DeFelice, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Stephen J. Senderowitz, Dentons, Chicago, IL; Douglas W. Henkin, Dentons, New York, NY for respondents.
Case Number: 2022-0344-JTL
Court granted motion to compel on the grounds that defendant corporation could not invoke the attorney-client privilege as a means to withhold materials within a certain time frame spanning over two years. The court did however hold that the corporation could assert the privilege regarding communications that were related to books and records that the director had intentionally released, thus removing it from the circle of confidentiality.