Delaware Business Litigation Report

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.

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