Analysis

Delaware Expands Digital Frontier On Books, Records Suits

Law360 (February 1, 2019, 9:10 PM EST) -- The Delaware Supreme Court has explicitly added "bytes" to the books and records rights of investors and directors investigating their companies, a milestone finding that upheld demands for electronically stored information if there aren't any paper alternatives.

In their Jan. 29 decision, the justices remanded Vice Chancellor Joseph R. Slights III's denial one year ago of investor KT4 Partners LLC's request for email records to support a probe of alleged fraud and mismanagement by Palantir Technologies Inc. Palantir had mostly offered traditional materials but balked at handing over electronic records that KT4 said were needed but unavailable any other way....

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