Archive: September 30, 2010

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Court Finds No Waiver of Privilege as to Emails Inadvertently Produced by Third Party and No Waiver Resulting from Use of Company Email Account and Laptop to Communicate with Counsel

Court Finds No Waiver of Privilege as to Emails Inadvertently Produced by Third Party and No Waiver Resulting from Use of Company Email Account and Laptop to Communicate with Counsel

DeGeer v. Gillis, 2010 WL 3732132 (N.D. Ill. Sept. 17, 2010)

In this case, the court addressed the question of waiver as to nine privileged emails.  As to six emails inadvertently produced by a third party, waiver was averted by the terms of a Stipulated Protective Order entered by the court which precluded waiver by inadvertent production.  As to three other emails, the question of waiver turned on plaintiff’s use of his work computer to send the messages.  Relying on evidence that plaintiff’s employer did not believe such use would waive privilege, the court ruled privilege was not waived.

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