Careless Inadvertent Disclosure of Vital Emails Results in Waiver of Attorney-Client Privilege
Atronic International GMBH v. SAI Semispecialists of America, Inc., 232 F.R.D. 160 (E.D.N.Y. 2005)
Atronic International (“Atronic”) sued SAI Semispecialists of America (“SAI”) in connection with a breach of contract. At the end of 2003, during initial Rule 26 disclosures, Atronic’s production included two emails between an Atronic employee and international counsel. These emails were again produced on January 7, 2005 as exhibits to be used at deposition. Upon realizing that it had produced apparently privileged documents, Atronic sought an order requiring the return of the emails and barring defendant from using the information therein. Read More