In Re Asia Global Crossing, Ltd.
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
MEMORANDUM DECISION AND ORDER REGARDING WAIVER OF PRIVILEGES
STUART M. BERNSTEIN, Chief Judge.
E-mails are a widespread method of communication, and employees sometimes use the employer’s e-mail system to communicate with third parties about personal matters. The main question raised by the current motion is whether an employee’s use of the company e-mail system to communicate with his personal attorney destroys the attorney-client, work product or joint defense privileges in the e-mails where the employee and his former employer’s trustee have become adversaries.
Assuming a communication is…
2Cases cited38 opinions
- Hickman v. TaylorSupreme Court of the United States · 1947
- Upjohn Co. v. United StatesSupreme Court of the United States · 1981
- Smith v. MarylandSupreme Court of the United States · 1979
- United States v. NoblesSupreme Court of the United States · 1975
- O'CONNOR v. OrtegaSupreme Court of the United States · 1987
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3Cited by53 opinions
- Stengart v. Loving Care Agency, Inc.Supreme Court of New Jersey · 2010
- Bethune-Hill v. Virginia State Board of ElectionsDistrict Court, E.D. Virginia · 2015
- United States v. Phillip HamiltonCourt of Appeals for the Fourth Circuit · 2012
- In re Millennium Lab Holdings II, LLCUnited States Bankruptcy Court, D. Delaware · 2016
- Aventa Learning, Inc. v. K12, Inc.District Court, W.D. Washington · 2011
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