Digital Media Lawyer Blog: “On December 10, 2009, a federal judge in the District of Columbia upheld the attorney-client privilege for an employee’s emails to his attorney, even though his employer had access to them. The attorney-client privilege generally only exists for private communications between a client and his lawyer, not to communications to which uninvolved third parties have access. Here, the judge concluded that the privilege applied largely because the client was not aware that his employer had access to the emails. The case is Convertino v. U.S. Dept. of Justice, D.D.C., No. 1:04-cv-00236. The plaintiff, Convertino, claims that the DOJ improperly disclosed information about him the Detroit Free Press, in contravention of the Privacy Act. To prove his case, Convertino served a discovery request on the DOJ seeking production of some 736 documents.”
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