Willis v. Willis, 2010 WL 5186606 (N.Y. App. Div. Dec. 21, 2010)
Plaintiff filed suit against her former husband and his current wife alleging defamation. Specifically, plaintiff alleged that defamatory statements had been made in an email addressed to her and sent to her account – an account which was also regularly used by the former couple’s children. One of the children read the email. Plaintiff alleged that the act of sending the email to that account constituted publication for purposes of her claim.
via Kids’ Access to Mom’s Email Account Waives Attorney-Client Privilege : Electronic Discovery Law.