Del. Record Request Ruling Could Spur Race To Court

Law360, New York (March 17, 2011, 4:59 PM EDT) -- Since a Delaware judge ruled that derivative plaintiffs could not examine a company's books and records after filing a complaint, companies thought that the growing stampede to the courthouse had been slowed. But the state high court's recent reversal of that decision threatens to restart the mad rush, attorneys say.

In late January, the Delaware Supreme Court decided to allow derivative plaintiffs, under specific conditions, to pursue books and records requests even after filing complaints, setting the stage for another debate over when — and armed...
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