Delaware Joins Trend of Eroding Attorney-Client Privilege Protection of Investigation Materials
Client Alert | 1 min read | 08.13.14
In a decision with potentially far-reaching ramifications for companies conducting internal investigations, the Delaware Supreme Court in Wal-Mart Stores, Inc. v. Indiana Elec. Workers Pension Trust Fund IBEW (July 23, 2014) ordered Wal-Mart to hand over attorney-client privileged documents describing how it set up its investigation into Mexican bribery allegations. The Delaware Supreme Court held that, under the Garner exception, which allows stockholders to invade a corporation’s attorney-client privilege to prove a fiduciary breach by those in control of the corporation upon showing of good cause, Wal-Mart was required to comply with the stockholders’ request for information relating to the investigation, the potential of a cover-up, and the reports provided to the board of directors.
Contacts
Insights
Client Alert | 4 min read | 08.19.25
Forged Faces, Real Liability: Deepfake Laws Take Effect in Washington State and Pennsylvania
In the last few months, both Washington State and Pennsylvania enacted significant legislation addressing the malicious use of deepfakes—artificial intelligence-generated or manipulated media. These new laws reflect a growing national and state-level trend to regulate AI-generated content, especially when used to harm individuals or mislead the public.
Client Alert | 1 min read | 08.19.25
Client Alert | 3 min read | 08.18.25
FCPA Enforcement Continues to Evolve with Newly Unsealed Indictment
Client Alert | 3 min read | 08.18.25
Recent GAO Sustain Includes Valuable Lessons on Proposal Preparation and More