Delaware Supreme Court Adopts Fiduciary Exception to Attorney-Client Privilege | Practical Law
In Wal-Mart Stores, Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW, the Delaware Supreme Court held that the Garner doctrine, which allows stockholders to invade a corporation's attorney-client privilege in order to prove fiduciary breaches by those in control of the corporation, should be applied in plenary stockholder/corporation and Section 220 books and records proceedings.