Court Holds that Former Employee’s Emails with Private Attorney, Which Were Retrieved Forensically from Employer-Provided Laptop Computer, Are Privileged
Nat’l Econ. Research Assocs., Inc. v. Evans, 2006 WL 2440008 (Mass. Super. Ct. Aug. 3, 2006)
In this litigation between a consulting firm and its former employee, the court considered the firm’s motion to compel the production of attorney-client privileged communications. Plaintiff sought production of emails sent and received via the employee’s personal, password-protected email account, which were saved in a temporary Internet file on the employee’s company-issued laptop and retrieved through forensic means after his departure from the firm.