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Scott v. Beth (N.Y. Co. Sup. 2008)

Articles Discussing Case:

Waiver of Privilege By Employees' Use of Company Email Systems To Communicate With Their Attorneys (pdf).

Hughes Hubbard & Reed LLP • March 14, 2008
Employers now can use workplace policies governing the use of technology to defeat employees’ claims that email communications with their attorneys over the company’s computer systems are privileged, according to a recent ruling by the New York County Supreme Court in Scott v. Beth Israel Med. Ctr., Inc. In Scott, a hospital employee used his work email account to communicate with his personal attorneys. When he later sued Beth Israel for breach of contract, the hospital’s attorneys found the communications on the hospital’s computer systems. The court denied the employee’s motion for a protective order, and ruled that the employee waived the attorney-client and work product privileges by using his work email account to communicate with his attorneys.