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Wilson Sonsini Goodrich & Rosati

Delaware Court of Chancery Addresses Outside Director’s Use of Another Entity’s Email Account for Board Communications

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The Delaware Court of Chancery recently addressed whether an outside director’s use of another entity’s email account would require the director to turn over emails from that account in stockholder litigation relating to his...more

Baker Donelson

Rethink How You Communicate with Outside Directors: Certain Communications May Not Be Protected

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A recent decision from the Delaware Court of Chancery is changing how companies communicate confidential information to outside directors. In In re WeWork Litigation, C.A. No. 2020-0258-AGB, a discovery dispute arose within...more

BCLP

Court ruling highlights confidentiality risks for non-employee directors who use outside email addresses

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A recent decision by the Delaware Court of Chancery highlights risks for outside directors in using third-party email systems when communicating about confidential company matters. In that case, the court ruled that...more

Jones Day

Delaware Court Ruling Raises Privilege Concerns for Communications With Outside Directors

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The Situation: Use by outside directors of non-company email accounts or other non-secure platforms to conduct board business risks waiver of the board's privilege. Even if the privilege is maintained, use of such an account...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Trends in Books and Records Litigation

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Recently, the frequency of stockholder demands to inspect corporate books and records pursuant to Section 220 of the Delaware General Corporation Law has increased. In turn, the case law concerning Section 220 demands is...more

Skadden, Arps, Slate, Meagher & Flom LLP

Delaware Supreme Court Clarifies When Emails Should Be Produced

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On January 29, 2019, the Delaware Supreme Court provided guidance to the Court of Chancery regarding the scope of a stockholder’s inspection rights under Section 220 of the Delaware General Corporation Law or similar LLC or...more

McCarter & English, LLP

Delaware Law Updates: Ignoring Corporate Formalities Could Expose Board Of Directors’ Emails To Stockholders

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Companies that do not follow corporate formalities and accepted bookkeeping practices may be more susceptible to an expansion of the types or forms of records they have to make available—namely email communications— to...more

Bracewell LLP

Two Recent Delaware Decisions Further Illustrate The Scope Of Section 220 Discovery

Bracewell LLP on

Two recent Delaware Court of Chancery decisions demonstrate that narrow statutory standards continue to govern access to corporate books and records pursuant to Section 220 of the Delaware General Corporation Law. In the...more

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