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AmerisourceBergen Told to Turn Over Opioid Files in Novel Ruling

Dec. 11, 2020, 5:12 PM

AmerisourceBergen Corp. must turn over files to a pension fund weighing whether to sue its leaders over the drug distributor’s role in the opioid epidemic, Delaware’s top court ruled, resolving two issues of first impression with the potential to reshape corporate records litigation there.

Affirming a Chancery Court decision, the state’s justices said a corporate shareholder that “states a proper investigatory purpose” generally doesn’t have to “identify the particular course of action” it will take or “establish that the wrongdoing under investigation is actionable.”

“In the rare case in which the stockholder’s sole reason for investigating” is “to pursue ...