Although I posted about the big decision a few months ago in the UniSuper case here, which reportedly was settled recently, in a subsequent letter opinion in UniSuper Ltd. v. News Corporation, download file, Chancellor Chandler addressed a discovery dispute in which he allowed documents about legal advice given to directors to be produced, despite the claim of attorney/client privilege, based on: (1) the mutuality of interest doctrine; (2) the Garner; Rutledge and related cases that apply the following factors that the Court found in plaintiff’s favor: (i) plaintiff has colorable claims; (ii) the requested data is not available from other sources; (iii) plaintiff is not engaged in a fishing expedition. This case is a good example of the reality that the “cloak” of attorney/client privileged data does not always prevent its disclosure.