“Judge orders Fox to hand over hundreds of documents in shareholders’ case”
What actually happened
Vice Chancellor Bonnie David of the Delaware Court of Chancery ruled against Fox Corp.'s attempt to shield a large batch of records in a shareholder derivative suit over the company's handling of the Dominion, Smartmatic, Seth Rich, and phone-hacking scandals. Despite Fox's efforts to withhold these records, Vice Chancellor Bonnie David, the Delaware judge, ruled fully in the plaintiffs' favor. The dispute centers on whether longtime director Jacques Nasser, former Ford CEO, acted independently of the Murdochs or as a rubber stamp.
Key facts
- The lawsuit was initially filed three years ago in an attempt to hold Murdoch, his eldest son Lachlan (now executive chairman and CEO) and several other board members and executives legally responsible for fostering a business model that has repeatedly exposed the media company to scandal after scandal, and costly litigation.
- The case was sparked by a nearly $800 million settlement Fox paid to Dominion Voting Systems, which accused the network of spreading conspiracy theories about fraud in the 2020 election. Smartmatic's separate, ongoing suit seeks $2.7 billion.
- Fox must turn over roughly 700 documents flagged with the phrase "phone hacking," dozens of board meeting records, emails from Nasser's Ford accounts, and every email address ever used by Nasser or Murdoch.
- Nasser served as Fox's lead independent director until stepping down in 2023, the same year the Dominion case settled, and the case turns on whether he was truly independent or aligned with the Murdochs.
- Fox attorney Anitha Reddy disputed "wholesale" deletion of Murdoch's texts but conceded there was a period when messages "were not retained," corroborated across the article and syndicated wire copy.
What to watch for
Watch whether the newly released board minutes and Nasser emails actually establish the "non-independence" claim needed to prove more than half the board was compromised, since that's the threshold for the case reaching trial. Also watch the parallel Smartmatic case, where accusations of evidence destruction by both sides could color how these documents get used.
