Delaware judge sides with accountability. Fox's legal team learns deletion isn't a strategy.
A Delaware judge on Friday handed Fox its teeth in a shareholders' lawsuit, ordering the company to produce approximately 700 documents that its legal team had fought to keep sealed. Vice Chancellor Bonnie David ruled fully in the plaintiffs' favor, which means Fox is now in the business of proving it has nothing to hide by handing over everything.
The documents include emails containing references to "phone hacking," years of Fox board meeting minutes, and a complete list of every email address ever used by Rupert Murdoch and Nasser—a former Ford Motor Co. head and key corporate director. Also in the mix: emails from Nasser's Ford accounts, because apparently nothing says "separation of duties" like mixing corporate networks.
This is the kind of discovery that turns legal strategy into a paper mill. Every page Fox produces is another exhibit in the case about how the company and Murdoch handled major scandals at his properties. The shareholders want answers about institutional knowledge, decision-making, and accountability. Fox's lawyers wanted those answers to remain confidential. The judge disagreed.
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The stakes are higher than they look. These documents are potentially relevant to Smartmatic's defamation case involving Fox's 2020 election coverage. Smartmatic has already accused the company and Murdoch of intentionally destroying evidence. So when Fox attorney Anitha Reddy insisted that "documents were deleted wholesale is incorrect," while simultaneously admitting there "was a period … when text messages were not retained," the optics got worse. Murdoch typically communicates through email, apparently, but that period of text message non-retention? That's now a liability that 700 documents might illuminate.
What makes this a water-cooler moment isn't the legal maneuvering—it's what it represents. A judge essentially said: we need to see what you're hiding, and hiding it is no longer an option. For a media company that built its brand on aggressive pursuit of others' secrets, the irony of being forced to surrender its own is almost too clean. Almost.
Fox will comply. They have to. And somewhere in those 700 pages, there's probably a sentence that makes a shareholder's lawyer very happy.
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Danny Fisk
Staff writer covering financial markets and corporate strategy. Has strong opinions about spreadsheets.
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