Delaware Court Limits Former Directors' Access to Privileged Information

David J. Margules has more than 35 years of experience litigating a broad range of complex cases. Over the course of his career, he has earned the reputation as one of the top trial counsel in Delaware. A former newspaper reporter, David has been praised for the quality of his written work. Most of his practice involves business disputes, including fiduciary duty claims, corporate valuation proceedings, corporate and partnership control fights, and insurance coverage defense. Other significant engagements include representing the Delaware State Board of Education in school desegregation litigation; the Delaware Department of Finance in litigation challenging the constitutionality of the state's escheat system; and the Delaware Bar Association in a challenge to a program designed to enhance the recruitment of minority lawyers. David also frequently counsels boards of directors, business entity management, and startup entrepreneurs. His stature also is reflected in various appointments, certifications, and other engagements. He twice served as an expert witness on issues of Delaware appraisal law and practice in actions in the Grand Court of the Cayman Islands, Financial Services Division. He was selected by the Delaware Court of Chancery to serve as a Special Master on discovery issues in the matter TR Investors, et al. v. Genger, and by the U.S. Bankruptcy Court to serve as special counsel to a bankruptcy trustee to investigate and prosecute allegations of fiduciary duty breaches by former officers and directors of the debtor. From 1996 through 1998, David served as a member of Delaware's Judicial Nominating Committee, an 11-member body that nominates for the Governor's action candidates for judicial appointments. He also has been appointed by the Delaware Court on the Judiciary to serve as a member of its Preliminary Investigatory Committee, which investigates and makes recommendations regarding complaints against judicial officers. Recently, he was appointed by the Delaware Supreme Court to a second term on its Permanent Committee on the Supreme Court Rules. David has been an adjunct professor at the University of Pennsylvania Carey Law School, where he taught courses on mergers and acquisitions, and he frequently lectures on corporate law at Vanderbilt Law School. He has been trained by the AAA as a mediator and is certified as a mediator by the Delaware Superior Court.

R. Michael Lindsey is an attorney in the Litigation Department. Mike has over 25 years' experience litigating corporate matters before the Delaware Court of Chancery, Delaware Supreme Court, and federal district and courts of appeals. He has represented corporations, directors, and investors in litigation arising from mergers and acquisitions, appraisal actions, derivative actions, and corporate, securities, and antitrust class actions. His experience also includes representing corporations and boards in internal investigations, SEC investigations, and federal and state white collar criminal matters, as well as evaluating corporate governance, internal controls, risk management, and compliance policies, procedures, and practices.