In United States v. Finazzo, Nos. 14-3213-cr(L), 14-3330-cr(Con) (2d Cir. Mar. 7, 2017), the Second Circuit held that defendant waived any privilege over emails sent by defendant on his employer’s email system. In this case, defendant was convicted of a kickback scheme in which he caused his employer, Aéropostale, to purchase product from South Bay, while defendant secretly received a portion of South Bay’s profits. Aéropostale initiated its investigation based on an email between defendant and his personal attorney regarding defendant’s will, in which the attorney listed assets including several South Bay entities. The government used the email at trial. Defendant argued that the government improperly used an email that was protected by defendant’s attorney-client privilege. The appellate court held that any privilege had been waived, because defendant did not have a reasonable expectation of confidentiality regarding emails sent on the company’s email system. The policy governing employee computer usage specifically stated that employees “should have no expectation of privacy when using Company Systems”. In addition, employees were notified that the company could “monitor, access, delete, or disclose” all use of company systems without permission. Defendant signed forms acknowledging that he had read the Employee Handbook, which made these disclosures. The court found that there was no evidence that defendant took any steps to preserve confidentiality. Based on these facts, the appellate court held that it was not an abuse of discretion for the district court to rule that defendant had not met his burden to show that he had kept the email confidential.