Last month, the American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility entered a debate we have frequently reported on: employees’ expectation of privacy in electronic communications at work. The Committee released two formal opinions that interpret the ABA Model Rules of Professional Conduct and advise attorneys of their obligations with respect to the electronic communication of sensitive and confidential client correspondence. Formal Opinion 11-459 states that attorneys have an obligation to warn their clients against conducting attorney-client communications electronically where there is a risk that those communications may be accessed by a third party, such as an employer. Formal Opinion 11-460 interprets the ABA Model Rules as not imposing an ethical obligation on an employer’s lawyer to inform counsel for an employee when the employer’s lawyer receives copies of an employee’s confidential communication with counsel that had been retrieved from the employee’s business e-mail file or employer-provided computer or other device. These complementary and generally employer-friendly opinions indicate the ABA’s view that confidential attorney-client communications sent over the Internet or mobile-based technology will often not be protected if a third party has access to them and take a harder line on employee-privacy than some state courts.