Delaware 'Books And Records' Law Is Keeping Up With Tech

By Larry Wood Jr. and Adam Orlacchio (April 4, 2019, 1:31 PM EDT) -- With directors dispersed geographically, and with management on the move, many corporations and LLCs do a significant amount of business by email, or even via text messages. It is now commonly understood that such electronic communications can provide an avalanche of information available in discovery as part of a court action.

But, what impact does this business reality have on a books and records request made before litigation — whether the request for books and records is made under Delaware General Corporation Law Section 220 or under the Delaware LLC Act Section 18-305 (both of which function in the same manner)?...

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