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Not surprisingly, the Musk-Twitter fast-track Delaware case generated privilege issues. One predictably recognized Musk's unique role in his varied revolutionary enterprises. .
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 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 ( WeWork ) in a
tender offer. In each case, SoftBank opposed production of certain
documents and communications, asserting that they were protected by
In re Asia Global Crossing, Ltd. held that company employees lacked a reasonable expectation of privacy when using a company laptop (in the case of
Zara) or email system (in the case of
Peerenboom) under applicable company computer/email policies, which, among other things, restricted use of company systems for personal purposes and warned users of the company’s ability to access their accounts.
While acknowledging the similarity between the law firm’s computer/email policy and those in
Peerenboom and
Zara, the Supreme Court noted that the law firm’s policy invoked by Theroux had an important distinguishing factor. The computer/email policy expressed an expectation that firm “employees” would adhere to the firm’s policy on computer and email usage. This is in contrast to other policies in the firm’s policy manual which specifically stated that “they are addressed to (or include) firm partners or attorneys” or firm “personnel” more broadly, rather than f