Indiana Electronic Workers Pension Trust Fund IBEW (IBEW) is a retirement system that provides…

Indiana Electronic Workers Pension Trust Fund IBEW (IBEW) is a retirement system that provides benefits to electrical workers in Indiana. IBEW is also a stockholder of Wal-Mart Stores, Inc. Walmart de Mexico (WalMex) is a subsidiary of Walmart in which Walmart owns a controlling interest. In April 2012, The New York Times released an article titled Vast Mexico Bribery Case Hushed Up by Walmart After Top-Level Struggle which described a scheme of illegal bribery payments to Mexican officials that occurred between 20022005, at the direction of the director of WalMex at that time. The New
Indiana Electronic Workers Pension Trust Fund IBEW (IBEW) is a retirement system that provides benefits to electrical workers in Indiana. IBEW is also a stockholder of Wal-Mart Stores, Inc. Walmart de Mexico (WalMex) is a subsidiary of Walmart in which Walmart owns a controlling interest. In April 2012, The New York Times released an article titled Vast Mexico Bribery Case Hushed Up by Walmart After Top-Level Struggle which described a scheme of illegal bribery payments to Mexican officials that occurred between 20022005, at the direction of the director of WalMex at that time. The New York Times article showed that Walmart officials knew of the illegal conduct no later than September 2005 and suggested that Walmarts response was deficient. In June 2012, IBEW sent a letter to Walmart requesting inspection of documents related to the WalMex incident so that the IBEW board could investigate if Walmart had breached fiduciary duty and if a derivative suit was necessary. In August, Walmart complied with IBEWs request, but most of the documents were highly redacted with no explanation for the redaction. IBEW subsequently filed a complaint pursuant with section 220 with the court of chancery, alleging that certain documentswithin the scope of the demand had not been produced. After a series of court hearings, the Court of Chancery entered a final order in October 2013. In its final order, the Court of Chancery required Walmart to produce documents protected by attorney-client privilege as well as other privileged documents, among other kinds of documents. The court also granted Walmarts IBEWs use of whistleblower documents which IBEW had anonymously received and promptly reported in May 2012. Both parties appealed to the Supreme Court of Delaware; Walmart asserted that the Court of Chancery had ordered Walmart to produce documents that far exceeded the scope of a Section 220 request and IBEW cross-appealed in regards to the whistleblower documents as well as other assertions. What is the Garner Doctrine as described by the Supreme Court of Delaware and how is it related to this case? What arguments did Walmart make to assert that IBEW had not met its burden to show it needed the privileged information that IBEW sought? What do you think of Walmarts arguments? [Wal-mart Stores v. Indiana Elec. Workers, 95 A.3d 1264 (2014).]