A recent ruling of the Delaware Court of Chancery provides a useful refresher on the standards that must be met for various exceptions or waivers of the attorney/client privilege to apply. In Drachman v. BioDelivery Sciences International, Inc., C.A. No. 2019-0728-LWW (Del. Ch. Aug. 25, 2021), the Court addressed the following theories which, if applicable,
In re Comverge, Inc., Shareholders Litigation, C.A. No. 7368-VCP (Del. Ch. April 10, 2013).
Issue Presented: Whether the attorney-client privilege was a defense to a motion to compel documents.
Short Answer: Yes, under the circumstances of this case.
Summary of Analysis
The court observed that under Court of Chancery Rule 26(b)(1), the…