Thursday, November 10, 2011

Attorney-client privilege may not protect confidential e-mail transmittals between an employee and his or her attorney posted from employer's computer


Long v. Marubeni America Corp., No. 05 Civ. 639 (GEL) (KNF), 2006 WL 2998671 (US District Court, Southern District of New York.

An employee used his employer’s computer while at work to send e-mails to his attorney. Such use was in violation of his employer’s policy barring the use of work computers for personal business. In addition, the employee was aware of his employer’s policy statement advising workers that company computers were monitored for Internet activity, including e-mail traffic.

As a result, the e-mails to and from his attorney sent using the employer's computers were held not to be confidential communications protected by the attorney-client privilege.

The court ruled that the employee knew, or should have known, about his employer’s Internet monitoring policy. Accordingly, when he disregarded it, his emails to his attorney lost any protection that the doctrine of attorney-client privilege would have otherwise provided such communications.


Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

Caution:

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Copyright© 1987 - 2017 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.