Shareholder Litigation – Episode 4: Discovering the Evidence

Описание: In this fourth episode of the shareholder litigation series on Organized: The Business Law Breakdown, Professor Seth C. Oranburg explores the discovery phase, where evidence is gathered to substantiate claims in direct and derivative actions. Learn how discovery promotes transparency under Federal Rule of Civil Procedure 26, focusing on relevance and proportionality, while addressing agency costs by uncovering managerial misconduct. For direct suits, discovery targets proof of personal harms like material misstatements; for derivative claims, pre-suit inspections under DGCL Section 220 enable access to books and records to establish demand futility, with recent amendments like Senate Bill 21 balancing access against abuse. The episode examines technology's impact—AI for efficient document review, blockchain for data validation—and challenges such as high costs, privileges, motions to compel, and protective orders for trade secrets. Through hypotheticals and practical tips, Professor Oranburg illustrates how discovery can drive settlements or strengthen trials. Tailored for law students, business owners, and corporate professionals, this installment advances the civil procedure playbook with checklists for effective evidence gathering.