Shareholders, Electronically Stored Information

Digitisation Taskforce Unveils the End of Paper Share Certificates

Latham & Watkins LLP on 7/15/2025

Final report recommends the digitisation of UK shareholdings through a fully intermediated system of shareholding, with an interim phase of digitised share registers....more

Chancery Declines to Order Production of Privileged Document

Morris James LLP on 11/10/2021

Drachman v. BioDelivery Sciences International, Inc., C.A. No. 2019-0728-LWW (Del. Ch. Aug. 25, 2021) - Drachman addresses the attorney-client privilege, certain exceptions thereto, including the Garner doctrine, and...more

Chancery Finds Stockholder Representative Did Not Control Former Stockholders’ Discoverable Material

Morris James LLP on 6/15/2020

Fortis Advisors LLC v. Allergan W.C. Holding Inc., C.A. No. 2019-0159-MTZ (Del. Ch. May 14, 2020). Plaintiff, as representative for the former stockholders of Oculeve, Inc., sued Defendant Allergan for alleged material...more

Recent Trends in Books and Records Litigation

Skadden, Arps, Slate, Meagher & Flom LLP on 1/21/2020

Recently, the frequency of stockholder demands to inspect corporate books and records pursuant to Section 220 of the Delaware General Corporation Law has increased. In turn, the case law concerning Section 220 demands is...more

Delaware Court Provides Guidance for Books and Records Demands to Limit Producing Electronic Data to Stockholders

Bass, Berry & Sims PLC on 2/12/2019

Section 220 of the Delaware General Corporation Law allows stockholders to inspect various books and records of a company upon showing a proper purpose for the request, among other statutory requirements. In this electronic...more

Delaware Courts Address Production of Emails and Other Electronically Stored Information In Response to Section 220 Demands

Sheppard Mullin Richter & Hampton LLP on 2/1/2019

UPDATE: On August 5, 2020, the Delaware Supreme Court summarily affirmed the judgment of the Court of Chancery “on the basis of and for the reasons stated in its January 25, 2019 opinion.” Section 220 of the Delaware...more