In a decision that impacts private employers alike, a federal employee has won his fight to conceal e-mails he sent to his attorney from work using his employer’s computers. The U.S. District Court for the District of Columbia ruled that an Assistant U.S. Attorney had a reasonable expectation of privacy in e-mails he sent to his attorney from work because federal prosecutors were allowed to use work e-mail for personal matters. Chief Judge Royce Lamberth wrote that “The DOJ maintains a policy that does not ban personal use of the company email. Although the DOJ does have access to personal emails sent through this account, the [employee] was unaware that they would be regularly accessing and saving emails sent from his account. Because his expectations were reasonable, the employee’s private emails will remain protected by the attorney-client privilege…”
Written by Andre Castaybert |
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View LinkedIn Profile for Andre: Andre Castaybert’s focus is complex commercial litigation, from inception through trial, representing both companies and high net worth individuals in the New York State Commercial Division, the Federal Courts in both State and Federal appellate courts. |
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