Federal Court Holds That E-Mail Received By Employee From Lawyer on His Work E-Mail System Is Not Privileged

In a recent decision, Judge Roslynn Mauskopf, United States District Judge for the Eastern District of New York, denied defendant Christopher Finazzo’s motion in limine to preclude the government from introducing an allegedly privi- leged e-mail that Finazzo’s personal attorney sent to Finazzo’s work e-mail account at the clothing retailer Aéropostale, Inc. (“Aéropostale”), his former employer.[1] In the e-mail, Finazzo’s attorney attached a list of Finazzo’s assets that the attorney prepared for the purpose of creating a will.[2] Finazzo was asked to review the values listed in the attachment, and the lawyer would draft a revised will based upon information

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