Collect, Review, and Produce when you only have days.
Delaware’s Court of Chancery has broad power to expedite discovery for cases involving preliminary injunctions. The scope and timing of discovery in these high stakes commercial and corporate litigations are greatly compressed and can impose considerable burden on the parties. With expedited discovery, the Court encourages the prompt collection of “core documents” from “key custodians”. These key custodians may be board of directors members, corporate executives or their investment advisors. Their documents may be stored in a number of locations including on networks (email servers, SharePoint, network shares), personal devices (laptops, tablets, iPhone) or cloud-based mail (Yahoo, Gmail, Microsoft 365).
Parcels works with counsel to quickly identify, collect, process and review documents using search terms, date restrictions and advanced computer analytics. At the direction of counsel, we will prioritize the production of “core” and “significant” documents on a “rolling basis”. If the parties agree to a “quick peek” review, Parcels can provide productions in native, TIFF, or PDF format. We’ll coordinate with review teams and implement efficient workflows to meet the most demanding deadlines.
Our team has decades of experience handling expedited discovery cases and will help you address issues related to:
- Alleviating burden to the parties
- Scope and timing of expedited discovery
- High stakes commercial and corporate litigation discovery challenges
- Working with a court appointed discovery master
- Collection of “Core Documents” which typically include:
- Minutes of the relevant meetings of the board of directors and any board committees
- Materials provided to the directors related to the transaction
- Working group lists associated with the transaction
- Engagement agreements and fee arrangements with investment advisors
- Preparing for Section 220 “Stockholder Inspection Rights” or “Books and Records” matters
- Discovery issues related to stock appraisal matters
- Coordination with key custodians to collect data from parties with little or no technical know-how.
- Assisting counsel with interviews of custodians from whom they have collected to understand, among other things, any potential sources of relevant documents
- centralized document repositories or systems, cloud based storage
- PDAs, mobile phones, tablets
- work and home computers and external flash/thumb/jump drives
- Production of significant documents as soon as possible, and all other documents on a rolling basis as encouraged by the Court
- “Quick peek” agreements whereby the party seeking discovery is permitted to review responsive documents without effectuating a waiver of privilege by the producing party
- Handling discovery of third parties, such as investment advisors and others with fiduciary responsibilities
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