Francis Pileggi, Chauna Abner Co-Author Article for Delaware Business Court Insider on Guidance for Non-Delaware Attorneys Collaborating on Delaware Litigation
Wilmington, Del. (April 28, 2021) - Wilmington Managing Partner Francis G.X. Pileggi and Associate Chauna A. Abner recently published an article for the Delaware Business Court Insider (part of Law.com) titled, “No Such Thing as Local Counsel in Delaware Court of Chancery,” which provides guidance for out-of-state attorneys who collaborate with Delaware counsel, or who are admitted pro hac vice in Delaware.
The authors open by explaining that unlike other jurisdictions, the Delaware Court of Chancery “does not recognize the limited role of ‘local counsel’ to the extent that it implies a less than plenary role of Delaware counsel.” Instead, a Delaware attorney of record is “responsible for every action taken by his or her client – from the content of the pleadings to the fulfillment of discovery obligations.”
Next, Mr. Pileggi and Ms. Abner describe applicable Delaware court decisions, rules, and customs that relate to the role of out-of-state attorneys who are handling or collaborating on Delaware litigation. In doing so, the authors analyze relevant portions of the Court of Chancery’s “Guidelines to Help Lawyers Practicing in the Court of Chancery” as well as Delaware courts’ requirements for attorneys who are admitted pro hac vice. Describing relevant portions of materials issued by the Delaware Supreme Court’s Office of Disciplinary Counsel, the authors also include explanations of cases in which courts have addressed attorney conduct that violated Delaware’s requirements. Finally, the authors review important discovery duties in Delaware, including guidelines for the preservation of electronically stored information.
Mr. Pileggi and Ms. Abner are members of Lewis Brisbois’ Complex Business & Commercial Litigation Practice. They focus primarily on high-stakes disputes of corporations, stockholders, members of boards of directors, members and managers of LLCs, and those with managerial or ownership interests in other forms of entities. In addition, since 2004, Mr. Pileggi has also maintained the Delaware Corporate & Commercial Litigation Blog, at www.delawarelitigation.com, in which he analyzes key corporate and commercial decisions from Delaware's Supreme Court and Court of Chancery.
You can read the full Delaware Business Court Insider article here (subscription may be required).