Legal Opinion

In Re Asia Global Crossing, Ltd.

United States Bankruptcy Court, S.D. New York

Decided March 21, 2005No. 18-23515PublishedCited by 53 opinions

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

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  3. Smith v. MarylandSupreme Court of the United States · 1979
  4. United States v. NoblesSupreme Court of the United States · 1975
  5. O'CONNOR v. OrtegaSupreme Court of the United States · 1987

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3Cited by53 opinions

  1. Stengart v. Loving Care Agency, Inc.Supreme Court of New Jersey · 2010
  2. Bethune-Hill v. Virginia State Board of ElectionsDistrict Court, E.D. Virginia · 2015
  3. United States v. Phillip HamiltonCourt of Appeals for the Fourth Circuit · 2012
  4. In re Millennium Lab Holdings II, LLCUnited States Bankruptcy Court, D. Delaware · 2016
  5. Aventa Learning, Inc. v. K12, Inc.District Court, W.D. Washington · 2011

48 more not listed; retrieve them via the Exa API.

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