Privilege Not Necessarily Waived Where Email Between Employee and Personal Attorney Maintained on Corporate Email System
In re Asia Global Crossing, Ltd., 322 B.R. 247 (S.D.N.Y. 2005)
Asia Global Crossing, Ltd. and Asia Global Crossing Development Co. (collectively “Asia Global”) were pan-Asian telecommunication carriers which filed for bankruptcy under Chapter 11 on November 17, 2002. Asia Global had five principal corporate officers (“the Insiders”). The bankruptcy was converted to Chapter 7 on June 10, 2003 and Robert Geltzer was appointed trustee.
In July 2003, the Insiders’ counsel learned that allegedly privileged email had been left behind when Geltzer ordered the premises vacated (John Scanlon, the CEO, received the order while out-of-town and hastily complied.) The Insiders’ counsel asked Geltzer’s counsel to keep this email confidential. Allegedly privileged hard copy was later found to have also been left behind. It was segregated and held with the email. Read More