Court Grants Motion to Strike Privileged Email Inadvertently Sent to Opposing Counsel Using “Reply All”
Charm v. Kohn, 2010 WL 3816716 (Mass. Super. Sept. 30, 2010)
In this case, as the result of using the “reply all” function, defendant inadvertently sent a privileged communication to opposing counsel. Twenty-eight minutes later, defendant’s counsel sent an email to opposing counsel demanding the email be deleted. Opposing counsel refused. Addressing the issue of possible waiver, the court found that defendant and his counsel had taken reasonable steps to preserve confidentiality and granted defendant’s motion to strike the email, which had been attached as an exhibit to an opposition to summary judgment.