LexisNexis® Legal Newsroom
Business Court Orders Japanese CEO To Appear In the U.S. For Deposition

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 the United States for a deposition if you can't...

Limited Discovery Granded to Lacoste in Counterfeiting Case

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 (if any) have been selling its products to...

Chancery Bifurcates Complex Case into Contract Interpretation and Damages Phases

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 as an "indisputably complex" case, into...

Delaware Court of Chancery Orders Trial on Section 220 Claim for Books and Records

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 on discovery imposed in a related federal securities...

Delaware Court of Chancery Provides Instruction on When to Seek Discovery in Reply to Summary Judgment Motion

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 of several prior Delaware decisions in this case...

Business Court Rules On Multiple Discovery Issues, Including: Validity Of Subpoena, Deposing Opposing Counsel, And Need For A Motion For A Protective Order

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 45, the Judge found a general objection insufficient...

Motion to Compel Yields in Camera Review of Discovery to Bank

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 documents." Those are defined by statute...

Business Court Resolves a Trio of Discovery Issues

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 any kind of case) a protective order against the...

One Superior Court Judge Overruling Another?

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, in Taidoc Technology Corp. v. OK Biotech Co. ...

Trade Secrets Cases in the NC Business Court: You Show Me Yours Before I'll Show You Mine

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 secrets allegedly being misused by the defendant...

Chancery Limits Restrictions on Confidentiality of Section 220 Production

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 lexis.com subscribers ]. This Chancery ruling limited the number of years that documents produced pursuant to DGCL Section 220...

Delaware Court of Chancery Declines to Require Company to Search Emails of Non-Employee Directors

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 lexis.com subscribers ]. This Delaware Court of Chancery opinion addresses important issues regarding the scope of documents (including emails) that...

Trade Secret Plaintiff Avoids Dismissal, Gets Discovery

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 pursuing discovery because it had not identified...