Archive: June 24, 2005

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Court Not Convinced that Order Requiring Gillette to Hire Vendor for Extensive Electronic Discovery Warranted

Court Not Convinced that Order Requiring Gillette to Hire Vendor for Extensive Electronic Discovery Warranted

Galvin v. Gillette Co., 2005 WL 1476895 (Mass. Super. May 19, 2005) (Unpublished)

On January 27, 2005, The Proctor & Gamble Company (“Proctor & Gamble”), acting through Aquarium Acquisition Corp., agreed to merge with The Gillette Company (“Gillette”). William Francis Galvin, Secretary of the Commonwealth of Massachusetts (“the Secretary”) has certain statutory authority allowing him to investigate fairness opinions issued by UBS and Goldman, Sachs in support of the merger. The Secretary opened an investigation and caused a subpoena duces tecum to be served on Gillette. When Gillette refused to comply, he sought an order forcing compliance. The subpoena was found too far reaching given that the investigation was supposed to address whether the fairness opinions were fraudulent. The court quashed the subpoena without prejudice. See Galvin v. Gillette Co., 19 Mass.L.Rptr. 291 (Mass.Super, April 28, 2005). Read More

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