Court Protects Private E-Mail to Lawyer On Company Laptop

Summary


E-mail conversations between an employee and his lawyer, conducted via the employee's private, Web-based e-mail account but from a company-issued computer, were protected by the attorney- client privilege, a Massachusetts Superior Court judge has ruled.

The plaintiff employer argued that because all Internet activity was stored on the computer's hard drive and thus viewable by the plaintiff, the defendant employee's communications were not made in confidence and thus were not privileged.

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Extract


Court Protects Private E-Mail to Lawyer On Company Laptop

But Judge Ralph D. Gants disagreed and denied the plaintiff's motion to compel production of the communications.

"Since a reasonable person in (the defendant's) position would not have recognized that e-mail communications with...

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