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A split of authority regarding the confidentiality of an employee’s personal e-mails on a company computer

• Kramer Levin Naftalis & Frankel LLP
• -
• USA
• -
• August 5 2010

Three years ago, in what has been viewed as the seminal New York decision in the area, Judge Charles Edward Ramos of the Commercial Division of the Supreme Court of the State of New York, New York County, ruled in Scott v. Beth Israel Medical Center Inc., 17 Misc. 3d 934 (Sup. Ct. N.Y. Cty. 2007), that an employee’s use of his employer’s e-mail system to communicate with his attorney deprived those communications of any protection under the attorney-client privilege