“The most frequent method for discovering the work of expert witnesses is by deposition,” according to the advisory committee notes to Rule 26. On December 1, 2010, certain changes to the expert discovery provisions of this Rule went into effect. These changes clarified the scope of discoverable information about an expert’s work that is available to…

In Zimmerman v. Crothall, the Delaware Court of Chancery, ruling on a motion for summary judgment, found that the defendants - directors and venture capital investors of Adhezion Biomedical - failed to establish that Adhezion's issuance of preferred equity and convertible debt to the defendants that was not offered to all holders on the same terms were not self-interested transactions.

The Delaware courts have, on a couple of occasions over the past few decades, held corporate directors liable in headline-grabbing fashion.

In In re Delphi Financial Group Shareholder Litigation, the Court of Chancery declined to enjoin Tokio Marine Holdings, Inc.’s proposed takeover of Delphi Financial Group.

In Dweck v. Nasser, the Court of Chancery imposed liability for breach of the fiduciary duty of loyalty on directors and officers of a Delaware corporation who established competing companies that usurped corporate opportunities, and joint and several liability on an officer who approved expense reimbursements for a disloyal director without considering their validity or asking any questions.

In recent months, Delaware courts have addressed a number of issues important to Delaware corporations and their advisors.

In Sherwood v. Chan, the Court of Chancery issued a temporary restraining order enjoining a corporation from holding its annual meeting for a period of 20 days to allow adequate time for corrective disclosures and consideration of a competing slate of director nominees by the stockholders.

In Steinhardt v. Howard-Anderson, the Court of Chancery imposed sanctions on representative plaintiffs for improper trading practices.

In In re Appraisal of Aristotle Corp., the Court of Chancery granted a motion to dismiss claims of breach of the fiduciary duty of disclosure brought by certain stockholders who had dissented from a short-form merger under 8 Del. C. § 253 and perfected their appraisal rights, on grounds that the plaintiffs lacked standing.

In SV Investment Partners, LLC v. ThoughtWorks, Inc., the Delaware Supreme Court affirmed the Court of Chancery’s holding that a corporation did not have “funds legally available” to satisfy a preferred stockholder’s redemption demand, but determined that it did not need to address the Court of Chancery’s other holding that “funds legally available” is not equivalent to “surplus” under 8 Del. C. § 160.