Archives for November 2021

November 28, 2021 –

Seyfarth’s legal blog, Trading Secrets, offers insights into Trade Secrets, Non-Competes, and Computer Fraud. Their recent post, by Alex Meier, questions whether or not you want a jury trial in a non-compete or trade secrets case and highlights important considerations to make before moving forward with a request for a jury trial.

Though Meier acknowledges the moral underpinnings coloring the average citizen’s decisions that could prove beneficial in a Trade Secrets or Non-Compete case, he notes the pros of a bench trial, particularly the speedier decision that can come when injunctive relief and recovery of attorney’s fees are the client’s top priorities.

To read the full article from Seyfarth’s Trading Secrets, click here.

To read how Castaybert PLLC can assist you with Trade Secret and Non-Compete matters, click here.

November 28, 2021 –

DE Court’s Decision Limits Former Directors’ Access to Privileged Information:

Ballard Spahr LLP published an article on JD Supra about a recent Delaware Chancery Court decision to block access to privileged communications, between a corporation and its counsel, from former directors in their personal claims against the corporation.

The article, “Delaware Court Limits Former Directors’ Access to Privileged Information” by R. Lindsey and David Margules of Ballard Spahr, notes the exceptions to Delaware’s standard of holding director access to information as “essentially unfettered.” Kalisman v. Friedman (Del. Ch. Apr. 17, 2013).

Among the exceptions to the standard access are instances where:

• A contract limiting access exists;
• There exists a special committee, of which the director is not a member, and which retains separate counsel; and
• “…sufficient adversity exists between the director and the [entity] such that the director could no longer have a reasonable expectation that he was a client of the board’s counsel.” SerVaas v. Ford Smart Mobility LLC (Del. Ch. Nov. 9, 2021) at 6.

In deciding the current SerVaas case, the Court applied this new third exception, noting an inconsistency between granting director information rights to a former employee pursuing a breach of contract claim against the corporation.

To read the JD Supra post from Ballard Spahr LLP, click here.

To read the opinion of the Delaware Chancery Court, click here.

To read how Castaybert PLLC can assist you in employment matters involving privileged communications, click here.