A Lesson On Avoiding Email Production In Delaware

Law360 (March 8, 2019, 1:07 PM EST) -- Just over a month ago, the Delaware Supreme Court reversed, in part, the Court of Chancery’s post-trial decision in KT4 Partners LLC v. Palantir Technologies Inc. for failing to order a company to produce emails in response to a stockholder’s books and records request under Section 220 of the Delaware General Corporation Law.[1] In so holding, the Supreme Court reaffirmed Delaware precedent holding that, if traditional board-level documents sufficient for a stockholder to investigate its stated purpose are available, Delaware courts generally will not order the production of emails in books and records proceedings.

But the court also made clear that,...

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