Archive: September 3, 2010

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Son’s Receipt of Privileged Emails Did Not Result in Waiver where Son was a “Necessary Conduit in Delivering” Attorney’s Emails to Plaintiffs

Son’s Receipt of Privileged Emails Did Not Result in Waiver where Son was a “Necessary Conduit in Delivering” Attorney’s Emails to Plaintiffs

Green v. Beer, 2010 WL 3422723 (S.D.N.Y. Aug. 24, 2010)

In this day in age, it is easy to believe that everybody is familiar with email.  That is not always the case.  In this opinion, the district court reversed an order of the magistrate judge which found that plaintiffs’ attorney-client privilege was waived as a result of their son’s receipt of privileged emails where it was established that the son’s assistance was necessary to ensure plaintiffs’ timely receipt of the emails, in light of plaintiffs’ lack of email proficiency.

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