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Sims Discusses Actions That Companies and Their Directors and Officers Can Take to Protect Personal Emails from Discovery

Practice Points, ABA Litigation Section
February 1, 2019

In “Papa John's Executives Ordered to Produce Emails and Text Messages from Personal Accounts,” an article published in Practice Points, a newsletter of the ABA Section of Litigation, Trial Practice Committee, associate Aaron Sims provides insight into actions that companies and their directors and officers can take to try to protect personal emails and text messages from discovery.

In January, the Delaware Court of Chancery ordered Papa John’s International, Inc. to permit founder, director, and former chairman and CEO John Schnatter to inspect certain of the company’s books and records under Section 220 of the Delaware General Corporation Law, including emails and text messages from the personal accounts and devices of the company’s directors and officers. The Delaware Court of Chancery is widely regarded as the nation’s preeminent forum for corporate and commercial disputes, and Delaware corporate law is viewed as the standard for corporate law developments worldwide. This decision sheds light on specific actions that companies and their directors and officers can take to make it less likely that information in personal email accounts and devices must be produced in response to books and records demands.

To read the full article, visit the American Bar Association Section of Litigation's Trial Practice Committee website.