1. Management Cannot Unilaterally Preclude Directors From Obtaining Privileged Communications

    Management Cannot Unilaterally Preclude Directors From Obtaining Privileged Communications

    In In re WeWork Litigation, C.A. No. 2020-0258-AGB (Del. Ch. Aug. 21, 2020), a special committee of the board of directors of The We Company (the “Company”) sought to obtain certain privileged communication among management of the Company and its counsel in discovery arising from breach of contract and breach of fiduciary duty case...

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