Insights
Publications

Attorney-Client Communications Sent Over Employer E-Mail Systems May Not Be Privileged

4/13/2008 Articles
Attorney-Client Communications (PDF)

Published by Privacy & Data Security Law Journal
April 2008

Attorney-Client Communications Sent Over Employer E-Mail Systems May Not Be Privileged

In several recent decisions, courts in New York have concluded that e-mail communications with an attorney or spouse were not privileged because they were sent from a work-issued computer or e-mail account.  Prior opinions addressing this issue have generally refused to eliminate privileges simply because a person communicates over a work-issued computer or e-mail account.  While it is too early to tell whether these recent cases are indicative of a sea change in the law of privilege, at a minimum they demonstrate an increased willingness on the part of courts to eliminate privileges in cases where an employee knows or has reason to know - by virtue of an employer policy or flash-screen notice - that e-mails sent over a work-issued computer or e-mail account are not confidential.  This article examines these recent cases and the prior law addressing these issues, and it offers suggestions and observations for attorneys and business people who may be impacted by these decisions.

Resources

Firm Highlights

Publication

Trade Secret Hygiene for Current Employees

Published on  ACCDocket.com . By Walt Norfleet, Smiths Group plc and Eugene Y. Mar, Farella Braun + Martel LLP In the first two parts of this series on best practices in protecting trade secrets, we...

Read More
Publication

How Defense Strategies Can Go Awry When Pursuing Concurrent PTAB Relief in Financial Services Patent Litigation

United States Automobile Association (USAA), a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families, filed a surprising patent infringement complaint against Wells Fargo...

Read More
News

Farella Braun + Martel Announces 2020 Partner Elevations

SAN FRANCISCO/ST. HELENA, Calif., January 21, 2020: Northern California legal powerhouse Farella Braun + Martel is pleased to announce the election of senior associates Evan Abrams, Lauren Galbraith, and Alex Reese to the partnership...

Read More
Publication

Practices to Protect Trade Secrets in Failed Acquisitions and Customer Relationships

Published on  ACCDocket.com . By Walt Norfleet, Smiths Group plc and Eugene Y. Mar, Farella Braun + Martel LLP In part one of this three-part series on best practices for protecting trade secrets and guarding...

Read More
News

Gov't Drops IP Theft Charges Against Ex-Jawbone Workers

Law360 reported that the U.S. Attorney’s Office for the Northern District of California in San Jose moved to dismiss all trade-secret-theft charges against the remaining four defendants in what was originally a six-defendant case...

Read More
Publication

What California’s New Security Law Means to Your Business

Commonsense IoT security steps that startups and small business should consider to comply with California’s new law California recently enacted a new law, Senate Bill 327, that requires companies that make Internet of Things...

Read More
News

Sushila Chanana Named to 2020 Leadership Council on Legal Diversity Fellows Program

SAN FRANCISCO, February 13, 2020: Farella Braun + Martel is proud to announce that Sushila Chanana has been named a member of the 2020 class of Fellows participating in a landmark program created by...

Read More
Publication

Securing Against Trade Secret Pitfalls and Dangers Arising From Employee Mobility Situations

Published on ACCDocket.com . By Walt Norfleet, Smiths Group plc and Eugene Y. Mar, Farella Braun + Martel LLP Picture this: Your company is in a highly competitive industry with several leading players heavily supported...

Read More
Publication

Facebook Suspends Apps That Scrape Data From Its Platform Following Cambridge Analytica Scandal

Read More
Publication

Who 'Owns' a Secret? Whether Trade Secret Licensees Have Standing to Sue in California

If the eye-popping damages awards in several recent lawsuits are any indication, companies are increasingly coming to see their private information as one of their most valuable assets—and California juries apparently agree. For example...

Read More