Who’s Suing You?
Recent controversies in the District of Delaware raise questions regarding the degree to which litigants may or should be compelled to disclose ownership, funding, and management structures. The controversies have led to an extraordinary series of hearings resulting ultimately in a challenge to the authority of a district judge to investigate compliance with disclosure rules and related litigation conduct. This article surveys six different rationales for compelling disclosure. It discusses their strengths and weaknesses and the scope of disclosure they support. It concludes that increased disclosure is desirable and that most of the disclosure ordered in the current controversies in Delaware is justified under current law. The article also proposes amendments to the FRCP, Title 28, and the Patent act to facilitate future case management.