Warning: Emails with Attorney Transmitted in Violation of Employer “No Personal Use” Policy will NOT be Protected by Attorney-Client Privilege or Work Product Privilege

“In an employment contract dispute, the plaintiff employee-doctor made a motion for a protective order regarding all e-mail correspondence between the employee and his attorney pursuant┬áto the attorney-client privilege, CPLR 4503, and the work product doctrine, CPLR 3101(c). The defendant employer-medical center made a motion for a protective order as to discovery concerning a governmental or regulatory investigation. The Court ultimately granted defendant’s motion, but denied plaintiff’s motion because it found that he waived attorney-client privilege as well as the work product privilege. Given the facts of the case, and specifically the employer’s “no personal use” policy, this result was not surprising.”