Jurisdictional discovery is a valuable tool that can be used to stave off an action’s dismissal for a lack of personal jurisdiction. A recent decision by Chief Judge Gregory M. Sleet provides a roadmap for this type of discovery, at least where the formation of a separate Delaware entity comprises the jurisdictional dispute. After deferring decision on the underlying motion, the Court ordered the following discovery:
“(1) [Movant’s] role in the formation, investment in, or contribution to any of the Delaware entities [at issue]; and (2) [the alleged alter ego’s] corporate structure, as well as [movant’s] role within that structure. Such discovery shall include, but is not limited to, all correspondence between [movant] and the State of Delaware Department of State, and all correspondence between [movant] and any State of Delaware registered agents.”
Delaware IP Law Blog 