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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.
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Court Of Chancery Applies Wal-Mart Decision
Kops v. The Bank of New York Mellon Corporation, C.A. 10102-VCG (Transcript, July 16, 2015)
This recently released transcript has a good explanation of how to apply the Garner/Wal-Mart principles governing when stockholders may get discovery of documents otherwise subject to the attorney-client privilege. The multiple facts involved, particularly in a Section 220 case, tend to permit such discovery when the issue is whether demand is excused to file a derivative suit.
This transcript is available for purchase from the Chancery Court Reporter's Office, (302) 255-0525.