Page 19 - Delaware Lawyer - Winter 2020

on timing concerns if they’re buried in the back of the schedule, or do not appear at all.
So I would encour- age parties, as Vice Chancellor Zurn said, to draw to the Court’s attention the demands they’re placing on the Court in some form or the other, be it a letter or somewhere on the face of the scheduling order, because it’s hard to manage otherwise.
LEVINE: Perhaps
even calling cham-
bers to inquire how
long the Court would like to have with the briefs before the hearing, or before another critical date?
McCORMICK: Exactly. Before giving yourself two months to study and write something, and then giving the Court two days to rule, think about the dynam- ics and maybe give me a call. That’s good advice.
ZURN: When you file a motion to dis- miss, I would appreciate a courtesy copy of the complaint and exhibits as well.
McCORMICK: Which should have been sent earlier, but almost invariably —
ZURN: Almost never are.
LEVINE: Have you seen any recent trends in the types of cases that you’re seeing on your dockets?
ZURN: I don’t think it’s a surprise that books-and-records cases are up. Or that contractual commercial disputes are making up a bigger part of our dockets.
McCORMICK: Disclosure claims are down. Post-closings earnout disputes and similar issues are up. Books and re- cords actions are up. Corwin and MFW are evolving. So cases touching on all of those issues are on our docket.
LEVINE: Some of the District Court judges have, over the last few years, made a point of support- ing more junior lawyers arguing
LEVINE: Junior litiga- tors often struggle to get that experi- ence. Clients and co-counsel very often will want the most senior Dela- ware lawyer or, at the very least, some- one with a partner title to make the ar- gument. It can lead to a Catch-22 where a lawyer needs experience to ad- vance in his or her career, but having the advanced title can be required to
get that experience.
McCORMICK: I think of the classic scenario where you send the most junior lawyer to argue the motion for default judgment. But then you can say the next time, “Well, they argued a motion in front of this judge and won.” Then you can kind of build on that. You have to find those moments and opportunities. I’m definitely open to that.
LEVINE: Finally, would you be will- ing to share something that most members of the Bar don’t know about you?
ZURN: Looking for the scoop, I see. I was a piano minor in college. I took pia- no from the age of five through college.
LEVINE: Any favorite composers?
ZURN: Brahms and Schubert.
McCORMICK: I have been an open book most of my life. I think most peo- ple know me at this point. They might not know that I too am a musician. I play guitar. I’m terrible. Don’t expect to ever hear me play.
LEVINE: Any genres or artists that you enjoy playing?
McCORMICK: I play a lot of Irish folk songs. And Dylan.
LEVINE: Thank you very much for your time. We greatly appreciate it.
Photo by Bud Keegan Images
motions wherever possible. Is that an approach that you can see members of the Court of Chancery adopting in the future?
ZURN: Obviously every legal team needs to serve their client’s needs in the way they see fit and to present the case in the best way. So sometimes, particularly in discovery disputes, the best way is to have the junior person who’s in the thick of it make the presentation to the Court. And in that instance, I always encourage that approach. I think it’s the most helpful to me and the most helpful to the client.
McCORMICK: That’s an excellent point. I agree with that. I will also say in cases with large, fairly complicated sets of issues and facts, I’m fine with people dividing up arguments. Often what you get when that happens is a more detailed presentation of whatever issue is spun-off to the second individual, usually a more junior lawyer.
I’m okay with that. I think that’s a great way to get someone courtroom ex- perience and to cultivate our Chancery Bar. When I see that happening, I try to accommodate it — even when I think it may not be the most efficient path, or if an issue the junior lawyer is arguing isn’t one that I need to focus on. I get why that happens. I appreciate that people are trying to create opportunities, and I’m happy to do the same.
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