Chancery Applies 'Statutory Override' to Uphold Privilege for Emails Hosted on Adversary's Server [Delaware Business Court Insider]

Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider, discussing a recent decision in the Court of Chancery of Delaware concerning the applicability of the attorney-client privilege to emails between a party and his attorneys where the emails were stored on a server controlled by the adverse party. The court held that the emails were privileged because of a “statutory override” of the common-law analysis based on the law of the controlling jurisdiction.

To read the article, click here.

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Mark E. Felger

Co-Chair, Bankruptcy, Insolvency & Restructuring

(302) 295-2087

Barry M. Klayman

Of Counsel

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