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Having a Delaware case expedited

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Post# of 154037
(Total Views: 609)
Posted On: 08/17/2021 6:42:36 AM
Posted By: generactor
Having a Delaware case expedited

Good article on the Delaware Court Of Chancery choosing whether or not to expedite cases in the times of covid.

Edit: I just realized it's from last year so expediting a case may be easier now.

https://www.kramerlevin.com/en/perspectives-s...demic.html

A key issue is how extensive discovery would be (seems obvious but the article cites specific examples).

Some quotes from the article's summary:

Quote:
Despite COVID-19, the Delaware Court of Chancery continues to be receptive to expedited proceedings, but may not be willing to order the sort of aggressive schedules that it has in the past. Even if a plaintiff can establish a colorable claim and irreparable harm, the court may balance that harm against the risks and challenges of an expedited schedule in light of the pandemic.... In recent weeks, however, as the court and litigants have adjusted to remote litigation and as restrictions on businesses and travel in Delaware and across the country are gradually easing, the court may be becoming more willing to entertain expedited proceedings.


Quote:
The Court of Chancery may be more likely to grant a motion to expedite when there is an imminent drop-dead date. In Forescout Technologies, Inc., where a financing commitment was set to expire, the court entertained the possibility of an evidentiary hearing in as little as two weeks.



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