Wework Litigation News Today

Email communications can be a trap for unwary independent directors. The December 2020 In re WeWork Litigation decision illustrates the point, as discussed in this earlier blog....

I Introduction M&A litigation in the United States continued to see similar trends over the last year. The Delaware courts continued to refine…

Delaware Rule of Evidence 502(b) codifies the attorney-client privilege and insulates from discovery “confidential communications made for the purpose of facilitating the rendition of...

In two recent In re WeWork Litigation decisions, Chancellor Andre G. Bouchard of the Delaware Court of Chancery addressed attorney-client privilege in the corporate governance context. Both decisions stem from discovery disputes in lawsuits brought against SoftBank Group Corp. and its affiliated fund (collectively, "SoftBank") for SoftBanks alleged breaches of its fiduciary duties as controlling stockholder and its obligation under a Master Transaction Agreement, entered into in October 2019, ...

A recent decision from the Delaware Court of Chancery is changing how companies communicate confidential information to outside directors. In In re WeWork Litigation, C.A. No....

To embed, copy and paste the code into your website or blog: This top ten list summarizes significant decisions of the Delaware Supreme Court and the Delaware Court of Chancery over the past calendar year. Our criteria for selection are that the decision either meaningfully changed Delaware law or provided clarity or guidance on issues relevant to corporate and commercial litigation in Delaware. We present the decisions in no particular order. The list does not include every significant decisio...

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...

Wednesday, January 20, 2021 In  In re WeWork Litigation, C.A. No. 2020-0258-AGB (Del. Ch. Aug. 21, 2020), a special committee of the board of directors of The We Company (the “Company”) sought to obtain certain privileged communication among management of the Company and its counsel in discovery arising from breach of contract and breach of fiduciary duty case. The Court held that management of a Delaware corporation (“Management”) does not have the authority to unilaterally ...

The Situation: Use by outside directors of non-company email accounts or other non-secure platforms to conduct board business risks waiver of the board's privilege. Even if the...