Walsh and Rogers Highlight New Guidance on Garner Exception to Attorney-Client Privilege

In “Delaware Court of Chancery Examines the Garner Exception to the Attorney-Client Privilege,” an article published in Business Law Today, partner Pete Walsh and associate Jacqueline Rogers highlight two recent decisions from the Chancery Court that offer new insight into the court’s application of an important exception to the attorney-client privilege in breach of fiduciary duty actions.

The Garner exception to the attorney-client privilege requires fiduciaries defending claims for breaches of fiduciary duty to produce otherwise privileged documents upon a showing of good cause by the party asserting the claims. The Supreme Court of Delaware has emphasized that the exception is “narrow, exacting, and intended to be very difficult to satisfy.” Consistent with this view, in Buttonwood Tree Value Partners, L.P. v. R.L. Polk & Co., Inc. and Morris v. Spectra Energy Partners (DE) GP, LP, the Court of Chancery found the Garner exception inapplicable while providing new guidance on its limits.

To read the full article, visit Business Law Today’s website.

Business Law Today is the digital platform of the American Bar Association’s Business Law Section.

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