Court Of Chancery Uses Computer Records To Unravel Facts
Posted In LLC Agreements
Phillips v. Hove, C.A. 3644-VCL (September 22, 2011)
This is an interesting decision for its very entertaining explanation of the facts and how the Court decided what was true in the face of false testimony. Using the computer records to verify when documents were generated, the Court determined which story was most believable.
There are also some key legal determinations, although nothing really new. For example, even though the LLC Agreement had provisions for dissolution, the Court, having concluded those would not work, ordered dissolution.
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