Privileged Information is Not Necessarily Always Privileged

Originally published by Klemchuk Kubasta LLP RSS Feed .

The Delaware Supreme Court recently ordered Wal-Mart to disclose allegedly privileged documents to the Indiana Electrical Workers Pension Trust Fund IBEW (“IBEW”).  IBEW is investigating whether Wal-Mart directors and executives attempted to conceal alleged wrongdoing related to allegations of bribery by a company subsidiary as part of potential claims by shareholders.  

The Delaware Supreme Court determined that IBEW proved that the documents were “necessary and essential” to achieve “a proper purpose.”  Accordingly, the Delaware Supreme Court ordered Wal-Mart to produce documents from 12 custodians and their assistants related to the internal investigation of Wal-Mart’s alleged violation of the Foreign Corrupt Practices Act. &nbsp…

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