The Delaware Court of Chancery, in In re WeWork Litigation, C.A. No. 2020-0258-AGB (consol.), opinion (Del. Ch. Aug. 21, 2020), finds that company management could not withhold company privileged information from directors who served on a special committee of a company’s board based on management’s unilateral determination that the committee members’ interests were adverse to the company’s interests.
NEW: Sheppard Mullin discusses the decision in Delaware Court of Chancery Clarifies that Management Cannot Unilaterally Curtail a Director’s Access to Corporation’s Privileged Information.
Kramer Levin discusses the decision in Delaware Court of Chancery Confirms Directors’ Right to Access Company’s Privileged Information.
Frank Reynolds discusses the decision in Chancery says management can’t exclude any director faction from attorney/client document discovery.
Cleary Gottlieb discusses the decision in Recent Decision Confirms Directors’ Right to Access Privileged Communications Between Management and Company Counsel.
Law.com discusses the decision in WeWork Parent’s Management Can’t Block Directors From Discovery, Bouchard Rules in First-Impression Case.
$$$ Law360 discusses the decision in Chancery Says WeWork Can’t Block Docs From Directors.