Delaware Business Litigation Report

Court Of Chancery Applies Garner In 220 Case

In re Lululemon Athletica Inc. 220 Litigation, Consol. C.A. 9039-VCP (April 30, 2015)

This is an important Section 220 decision for at least two reasons. First, it holds that the personal records of non-employee directors do not need to be produced in a Section 220 case, at least on the facts presented here. Second, it applies the Garner analysis used by the Delaware Supreme Court in its Wal-Mart decision to determine when privileged documents need to be produced. It also has a good analysis of the common interest privilege.

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