AG Alan Wilson Leads 11 States on Asbestos Trust Document Transparency

AG: South Carolina News

Filed March 16th, 2026

Detected March 18th, 2026

Summary

South Carolina Attorney General Alan Wilson, leading 11 states, filed a brief urging the Delaware Supreme Court to prevent asbestos bankruptcy trusts from destroying documents related to past claims. This action aims to ensure transparency and fairness in asbestos litigation and preserve information crucial for adjudicating future claims.

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What changed

South Carolina Attorney General Alan Wilson, joined by 10 other state Attorneys General, has filed an amicus brief with the Delaware Supreme Court. The brief expresses serious concerns that certain asbestos bankruptcy trusts intend to destroy documents and data pertaining to past claims and compensation payments. The coalition argues that such destruction would undermine state laws promoting transparency in asbestos trust claims and obstruct the ability of individuals and courts to fairly adjudicate cases, potentially corrupting the legal process.

Regulated entities involved in asbestos litigation or operating bankruptcy trusts should be aware of this legal action and its implications for document retention policies. While this brief is a non-binding statement of concern, it highlights a growing trend towards demanding greater transparency in these trusts. Companies and legal professionals should review their document retention practices to ensure compliance with existing and potential future transparency requirements, as the destruction of these records could have significant negative consequences on the integrity of the legal process and the ability to resolve claims.

What to do next

Review document retention policies for asbestos bankruptcy trusts.
Monitor legal developments in asbestos trust transparency, particularly in Delaware.
Assess potential impact on ongoing or future asbestos litigation.

Source document (simplified)

MAR 16, 2026

Attorney General Alan Wilson defends transparency in asbestos litigation

(COLUMBIA, S.C.) – South Carolina Attorney General Alan Wilson is leading an 11-state friend-of-the-court brief to the Delaware Supreme Court, raising serious concerns that certain asbestos bankruptcy trusts are planning to destroy documents and data related to past claims and compensation payments.

“Documents like these are important to preserving information for individuals and businesses alike,” Attorney General Wilson said. “Transparency and fairness are critical in litigation, and by allowing these documents to be destroyed, we are opening the door to corrupting the legal process.

Several states have enacted laws to improve transparency in asbestos trust claims. However, if these records are destroyed, it could undermine those laws and potentially obstruct the ability of individuals and the courts to adjudicate.

“Our goal should be to do what is ethical and legal,” Attorney General Wilson stated. “It’s commendable to protect personal information. But the complete elimination of these documents would have great harm on the integrity of the legal process.”

Attorney General Wilson led the letter and was joined by the attorneys general from Delaware, Alabama, Alaska, Arkansas, Georgia, Iowa, Louisiana, Mississippi, South Dakota, and Texas.

You can read the brief here.

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