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Last week’s Corporate Guide discussed one circumstance — in the context of stockholder litigation — where directors’ and officers’ emails may be requested and produced, a books and...
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 accounts. WeWork is suing SoftBank for alleged breach of a stock purchase agreement. A discovery disp...
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 underscores the importance of preserving the confidentiality of communications with outside directors (and...