Deger v. 吉利斯, 2010 輪候冊 3732132 (ND. 生病. 七個. 17, 2010)

在這種情況下, the court addressed the question of waiver as to nine privileged emails.  As to six emails inadvertently produced by a third party, 所規定的保護輸入的順序由法院排除放棄不慎生產條款，避免了減免。至於其他三個電子郵件, 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.

八月 2009, while employed by Huron Consulting Services, 有限責任公司 [“Huron”], plaintiff was required to deliver all Huron-related electronic data in his possession to Huron’s counsel in connection with an internal investigation.  Plaintiff was specifically directed by Huron’s counsel not to remove any materials from the Huron-issued laptop and thus did not delete three privileged emails contained thereon.  Plaintiff “maintained his privilege in these communications” with Huron’s counsel, 不過, by alerting them (through his counsel) to the existence of the emails and requesting they be removed before any electronic data production.  Huron’s counsel complied.

六月 2010, Huron produced an external hard drive in response to defendants’ subpoena which contained the image of plaintiff’s hard drive as well as additional data provided by plaintiff and copies of emails that resided on Huron’s server.  Thereafter, plaintiff and his counsel became aware that six privileged emails had been produced.  Unlike the three previously identified privileged emails sent from plaintiff’s work email, these messages were sent from plaintiff’s personal email account and had been maintained on Huron’s servers unbeknownst to plaintiff and his counsel.

Plaintiff asserted that all nine of the emails were protected as privileged.  Defendants objected and plaintiff sought a finding sustaining his claims.

通過 法院認為，沒有豁免特權，以電子郵件不經意間生產的第三黨和無棄權造成的使用公司電子郵件帳戶和筆記本電腦，通信與律師 : 電子發現法.