Client Alert: Attorney-Client Privilege May Be at Risk when Directors Use Third-Party Email Accounts

The confidentiality of electronic attorney-client communications may not be guaranteed in all circumstances, as demonstrated by a recent Delaware court decision that focused on the email accounts used by directors. Directors, officers, employees, and others using another organization’s email account (for example, directors of corporate foundations using a company email, officers of a private foundation using family entity emails, or volunteers using their own business emails) should take special note of this decision. READ MORE