While the Delaware courts generally draw attention as the leading edge of corporate law doctrine, they also play an important role in shaping the procedural rules of corporate litigation. Three recent decisions highlight emerging perils for parties litigating major business disputes in Delaware and beyond.
A long-running and bitterly contested fight between co-founders of the translation services company TransPerfect brought Shawe v. Elting to the Delaware Supreme Court. During the course of proceedings in the Court of Chancery, the petitioner alleged that one of the respondents had improperly destroyed evidence, failed to safeguard evidence residing on a smartphone and lied under oath to conceal this litigation misconduct. At the close of trial, the court ordered respondents to pay the petitioner over $7 million in fees and penalties.
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