Toll Brothers sale offices in Silicon Valley. Credit: Sundry Photography/Adobe Stock Superior Court Rejects Arguments That 'Compilation Theory' Shields Outside Counsel, SEC Inquiry Docs From Review
The decision came in a construction defects case in which the home builder, Toll Brothers, argued that the work product doctrine barred it from disclosing documents, or making its outside attorney sit for a deposition about a 2016 U.S. Securities and Exchange Commission investigation.
September 07, 2023 at 02:09 PM
5 minute read
Civil Appeals
The Pennsylvania Superior Court has rejected arguments that a lawyer's "selection and compilation" of documents in responding to a federal inquiry reflected the lawyer's "mental processes and opinions" and were therefore barred from discovery.
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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