John Hardiman, Brian Frawley, Nic Bourtin and Bill Monahan Co-author Corporate Governance Article for Insights

October 14, 2014

In its September 2014 issue, Insights published an article co-authored by Messrs. Hardiman, Frawley, Bourtin and Monahan, titled, “Delaware Supreme Court Authorizes ‘Books and Records’ Inspection of Documents Concerning Internal Investigation, Including Privileged Documents.” The article examines the Delaware Supreme Court’s first usage of the Garner exception to attorney-client privilege in Wal-Mart Stores, Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW, and the implications of both the Court’s Garner ruling and the Court’s affirmance of an order permitting inspection under Section 220 of the Delaware General Corporation Law of a large number of documents across a seven-year period, including documents beyond the director level.