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Boards of directors of companies incorporated in Delaware and elsewhere typically have “independent” or “outside” directors who are unaffiliated with that company, except through their...
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 SoftBank's alleged breaches of its fiduciary duties as controlling stockholder and its obligation under a Master Transaction Agreement, entered into in October 2019, to use reasonable best efforts to purchase up to $3 billion of common stock of The We Company ("WeW...