Recent Posts

Delaware Court of Chancery Orders Trial on Section 220 Claim for Books and Records
Posted on 4 Aug 2011 by Francis G.X. Pileggi

The Delaware Court of Chancery yesterday denied a Motion to Dismiss a shareholder's demand for books and records of a company based on DGCL Section 220. The Court ruled that the issue of whether this action was an attempt to circumvent the stay... Read More

Chancery Bifurcates Complex Case into Contract Interpretation and Damages Phases
Posted on 6 Jul 2011 by Francis G.X. Pileggi

In BAE Systems Information and Electronic Systems Integration, Inc. v. Lockheed Martin Corp ., C.A. No. 3099-VCN (Del. Ch. June 30, 2011), read letter ruling here , the Delaware Court of Chancery granted a motion to bifurcate what the Court described... Read More

Delaware Court of Chancery Declines to Require Company to Search Emails of Non-Employee Directors
Posted on 5 May 2015 by Francis G.X. Pileggi

In Re Lululemon Athletica Inc . 220 Litigation , Cons. C.A. No. 9039-VCP (Del. Ch. Apr. 30, 2015) [ an enhanced version of this opinion is available to subscribers ]. This Delaware Court of Chancery opinion addresses important issues regarding... Read More

Chancery Limits Restrictions on Confidentiality of Section 220 Production
Posted on 6 Jan 2015 by Francis G.X. Pileggi

The Ravenswood Investment Company, L.P. v. Winmill & Co. Incorporated , C.A. No. 7048-VCN (Del. Ch. Dec. 31, 2014) [ an enhanced version of this opinion is available to subscribers ]. This Chancery ruling limited the number of years that... Read More

Delaware Court of Chancery Provides Instruction on When to Seek Discovery in Reply to Summary Judgment Motion
Posted on 2 Jan 2012 by Francis G.X. Pileggi

Wimbledon Fund LP - Absolute Return Fund Series v. SV Special Situations Fund LP , C.A. No. 4780-CS (Del. Ch., Dec. 22, 2011), read letter ruling here . Read summaries of prior Delaware decisions in this matter here. This is the latest iteration... Read More

Motion to Compel Yields in Camera Review of Discovery to Bank
Posted on 16 Aug 2012 by Mack Sperling

The Order on the Motion to Compel last week in WNC Holdings, LLC v. Alliance Bank & Trust Co. will be of particular interest to lawyers in litigation with banks. The case deals mainly with the discoverability of a bank's "compliance review... Read More

Limited Discovery Granded to Lacoste in Counterfeiting Case
Posted on 13 Apr 2011 by Lee Berlik

Lacoste Alligator, S.A., which sells tennis shirts and other apparel with the distinctive green crocodile logo in high-end stores like Nordstrom and Saks Fifth Avenue, will get a chance to find out, through discovery in a lawsuit, which of its distributors... Read More

Business Court Orders Japanese CEO To Appear In the U.S. For Deposition
Posted on 7 Apr 2011 by Mack Sperling

So much of discovery depends on agreement: for example, where and when will the officers of an out of state corporate defendant appear for their depositions. And what about an out of country defendant? Can you make their representatives appear in... Read More

Business Court Rules On Multiple Discovery Issues, Including: Validity Of Subpoena, Deposing Opposing Counsel, And Need For A Motion For A Protective Order
Posted on 15 Aug 2012 by Mack Sperling

There haven't been a lot of opinions from the Business Court on Motions to Compel, but yesterday there were two, both from Judge Murphy. In the first, Blue Ridge Pediatric & Adolescent Medicine, Inc. v. First Colony Healthcare, LLC, 2012 NCBC... Read More

One Superior Court Judge Overruling Another?
Posted on 16 Oct 2014 by Mack Sperling

You are all familiar with the old adage that "one Superior Court Judge cannot overrule another Superior Court Judge." But apparently there is at least a little bend in that rule, as illustrated by Judge Bledsoe's opinion this past Thursday... Read More

Business Court Resolves a Trio of Discovery Issues
Posted on 23 Sep 2014 by Mack Sperling

Three interesting discovery issues were resolved last week by Judge Bledsoe's Order in Gay v. Peoples Bank . First, can you obtain in discovery in a class action the fee arrangement between the plaintiff and his lawyers? Second, can you obtain (in... Read More

Trade Secrets Cases in the NC Business Court: You Show Me Yours Before I'll Show You Mine
Posted on 22 Oct 2014 by Mack Sperling

There's a new roadblock for plaintiffs in the Business Court suing over trade secrets. It was imposed last week by Judge Bledsoe in DSM Dyneema, LLC v. Thagard , 2014 NCBC 50 , and it bars the plaintiff from proceeding with discovery until the trade... Read More

Trade Secret Plaintiff Avoids Dismissal, Gets Discovery
Posted on 28 May 2015 by Mack Sperling

One of the most interesting Business Court decisions of last year was Judge Bledsoe's opinion in DSM Dyneema, LLC v. Thagard , 2014 NCBC 50 , in which he held that the Plaintiff, which was suing for misappropriation of trade secrets, was barred from... Read More