Employee Does Not Waive Privilege By Communicating Via Company Laptop

This week's Internet Law Update features an extensive analysis Lara Curto v. Medical World Communications, Inc., et al., 03cv6327 (DRH)(MLO)(E.D.N.Y. May 15, 2006).

Affirming the decision of the Magistrate Judge, the District Court holds that an employee did not waive any attorney client or work product privileges that may exist in various email communications with her personal counsel transmitted to and from the employee’s personal AOL email account by using a company laptop to send them from her home. Plaintiff’s employer had obtained these emails by “restoring” deleted files stored on the hard drives of these company laptops. The Court reached this result notwithstanding the fact that the Company had a computer usage policy, of which the employee was aware, that warned employees that they had no right of privacy in Company computer equipment, the contents of which could be inspected by the Company.

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