In re WeWork Litigation
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The Court of Chancery held that management of a Delaware corporation does not have the authority unilaterally to preclude a director of the corporation from obtaining the corporation's privileged information.
This dispute concerned obtaining access to privileged communications among management of a company, its in-house counsel, and its outside counsel. The company, acting by and under the direction of a special committee of the company's board of directors, filed an action against a corporation and an L.P. alleging that the defendants breached contractual obligations they owed to the company. The special committee sought access to the privileged communications in order to oppose the company's motion for leave to voluntarily dismiss the complaint. The Court of Chancery held that the members of the special committee were entitled to discovery of the privileged communications.
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