Reducing the Cost of E-Discovery in Civil Litigation—Practical Tips
By Regina Hagen
In 2007 the Federal Rules of Civil Procedure (FRCP) underwent significant revision in part to provide for the exchange of Electronically Stored Information (ESI). Today, just six years later, experts estimate that discovery accounts for 75% of litigation costs, the large majority attributable to the discovery of ESI (e-discovery).
Delaware Court Provides Guidance to Avoid Heightened Scrutiny of Freeze-Out Mergers
By George Kimmel
In re MFW Shareholders Litigation., 2013 Del. Ch. 67 A.3d 496 (May 29, 2013) ("In re MFW"), the most recent decision by Chancellor Strine of the Delaware Chancery Court with respect to mergers by controlling shareholders (also known as "freeze-out mergers") has the potential to be a landmark case in the application of the business judgment rule. In re MFW provides transactional planners with a court-sanctioned procedure that, if properly implemented, allows transactions involving controlling shareholders to be reviewed under the business judgment rule instead of the higher standard of review, the entire fairness doctrine.