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Delaware Chancery Decision Highlights Need To Protect Privilege In Outside Director Communications | Poyner Spruill LLP

In In re WeWork Litigation, the Delaware Court of Chancery has held that a company’s communications with outside directors are not protected by attorney-client privilege. The directors had used outside email accounts for the communications. The case has some unusual facts. But it stresses protecting communications with outside directors. In particular, companies should be alert to the potential exposure of confidential corporate communications to outside directors who use their own email acc...
United States Andreg Bouchard Chancery Court Delaware Court Poyner Spruill Asia Global Crossing Ltd

Delaware Chancery Court Rules That Fiduciary's Use of Email Account Provided by Separate Employer Destroys Privilege | Fenwick & West LLP

To embed, copy and paste the code into your website or blog: On December 22, 2020, in litigation between WeWork and the Softbank Group, the Delaware Court of Chancery determined that the Softbank Group must hand over several dozen otherwise privileged emails because two SoftBank representatives used email accounts at a different company (where they were also employed) and thus the confidentiality and privilege of the communications were destroyed. While the case has some unique facts, it unders...
United States Fenwick West Andreg Bouchard Adam Neumann Mwe Holdings Sprint Inc

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