BAE Sys. Info. and Elec. Sys. Integration Inc. v. Lockheed Martin Corp.

Plaintiff filed a motion seeking approval of its appointment of James Gallagher as its "Designated Consultant" pursuant to the Stipulation and Order for the Production and Exchange of Proprietary Information entered by the court on February 22, 2010. Defendant objected to Gallagher's designation. The court held that because the terms of the order did not prevent the selection of a likely fact witness as a Designated Consultant - and the order did not otherwise prevent Gallagher's designation - and because compensating Gallagher as a Designated Consultant (and not as a fact witness) would not violate the Delaware Lawyers' Rules of Professional Conduct, plaintiff's Motion to Approve Designated Consultant was granted.