Delaware Business Litigation Report

Court Of Chancery Permits Employee Email Inspection

In re Information Management Services Inc. Derivative Litigation, C.A. 8168-VCL (September 5, 2013)

This decision holds that an employee's email communications with his attorneys are not privileged. The holding is limited to circumstances where the employer has at least told the employees not to expect that their email is private.  Furthermore, the Court notes that this decision may not be followed in the typical derivative case where an outsider is trying to gain access to those emails.  That decision will need to wait for another day.

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