Richards Layton & Finger

Recent Chancery Court Guidance on Rule 5.1

December 23, 2014

Parties resisting a challenge to the confidential treatment of documents under Delaware Court of Chancery Rule 5.1(f) must offer individualized, contemporaneous good cause for such treatment to ensure that confidentiality designations are maintained throughout litigation. For older documents, that showing must overcome a presumption of "staleness" under Rule 5.1(f).

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