Attorney-Client Privilege Didn’t Apply To Work Email, Delaware Court Finds

A corporate executive who sent emails to a personal lawyer on a company account sacrificed attorney-client privilege, the Delaware Chancery Court decided. After a shareholder sued two executives for breach of fiduciary duties, the executives sent hundreds of emails to their personal lawyers on work email accounts. The company’s standing policy – that it is allowed to monitor work emails – nullifies any reasonable expectation of privacy, the court found.