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Holmes v. Petrovich Development Co., LLC, (Cal App. 2011)

Articles Discussing Case:

California Court: Emails Sent To Plaintiff's Attorney On Employer's Computer Are Fair Game

Fisher Phillips • February 01, 2011
A California appellate court recently decided that an employee's email messages to an attorney about suing her employer could be used against her at trial. The messages were not protected by the attorney-client privilege, because the employee knowingly sent the messages from her work email account. This unusual legal result was made possible because the employer had a written policy that clearly stated messages sent on the employer's electronic communications system were not private. Holmes v. Petrovich Development Company, LLC.

Cyber Privacy Wars: The Employer Strikes Back

Fisher Phillips • January 31, 2011
Distinguishing Stengart v. Loving Care Agency, a California Appellate Court Holds That An Employee's E-mails With Her Personal Attorney Sent Through The Employer’s Workplace Computer Are Not Protected By The Attorney-Client Privilege.