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Barry M. Klayman and Mark E. Felger Barry M. Klayman and Mark E. Felger

In a recent case in the Delaware Court of Chancery involving a suit between the trustee of a trust and the trust’s beneficiaries, Vice Chancellor J. Travis Laster had to decide whether the beneficiaries could get access to documents that the trustee claimed were protected from disclosure by the attorney-client privilege. In so doing, the vice chancellor considered and rejected the argument that an amendment to the Delaware Decedents’ Estates and Fiduciary Relations law in 2015 overruled prior precedent regarding the fiduciary exception to the attorney-client privilege.

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