News & Analysis as of

Discovery Garner

McGuireWoods LLP

What Is the Garner Doctrine, and Why Is It Dangerous?

McGuireWoods LLP on

Under what is called the "fiduciary exception," a fiduciary's beneficiary sometimes may access otherwise privileged communications between the fiduciary and its lawyer – based on the law's artificial identification of the...more

Morris James LLP

Court Of Chancery Denies Garner Exception Absent A Fiduciary Duty

Morris James LLP on

Morris v. Spectra Energy Partners (DE) GP, LP C.A. 12110-VCG (May 7, 2018) - The famous Garner case permits inspection of otherwise privileged communications when its strict criteria are satisfied....more

Skadden, Arps, Slate, Meagher & Flom LLP

Court of Chancery Addresses the Effect of Corwin and Garner in the Section 220 Context

Since its issuance in 2015, the Delaware Supreme Court’s decision in Corwin v. KKR Financial Holdings LLC has been routinely applied, in appropriate circumstances, to dismiss post-closing deal litigation. However, Corwin’s...more

Proskauer - Minding Your Business

The Most Overlooked Exception to Attorney-Client Privilege

In-house counsel often communicate with corporate management under the assumption that these communications are protected by the attorney-client privilege— absent some type of unusual and extraordinary circumstance, such as...more

4 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide