Email Users Beware: Companies and Corporate Officers Should Evaluate Email Practices in Light of Delaware Chancery Court Decision

Email Users Beware: Companies and Corporate Officers Should Evaluate Email Practices in Light of Delaware Chancery Court Decision

Oct 02, 2013

Article

Brownstein Client Alert, October 2, 2013

On September 5, 2013, the Delaware Chancery Court ruled that the attorney-client privilege does not protect from disclosure emails sent by corporate officers to their personal attorneys using the company’s email account. In re Info. Mgmt. Servs., Inc. Derivative Litig., No. 8168-VCL (Del. Ch. Sept. 5, 2013). Although the Chancery Court cautioned that its ruling was limited to the facts of the case before it, this decision is consistent with an increased level of scrutiny by the courts to emails arising in the corporate environment.

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