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Morris James LLP

Chancery Orders Confidential Treatment of Member List Produced in Books and Records Action

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Garlington v. Two Rivers Farm, LLC, C.A. No. 2024-0917-BWD (Del. Ch. Apr. 7, 2025) - The Court of Chancery entered default judgment in a books and records action. The defendant limited liability company then appeared...more

Morris James LLP

Nature of Company's Defenses Can Expand Scope of Discovery

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There is no question that, in a books-and-records action, the scope of discovery is limited and such discovery is not an appropriate means of obtaining the same books and records sought in the action. In Chammas v. NavLink...more

Morris James LLP

Court Of Chancery Outlines Discovery In Books and Records Case

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First, the discovery cannot be of the very records the plaintiff seeks to obtain, for that will give him the relief he seeks before he proves his case. Second, it is often the case that the records are being sought for use in...more

Dorsey & Whitney LLP

Cooperation, the SEC and FOIA

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A critical part of cooperating with an SEC or DOJ investigation for FCPA or other possible violations is the production of documents. In order for the company to assess what happened it must conduct an internal investigation...more

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