Attorney-Client Communication Saved to Company-Owned Computer by An Employee

In Curto v. Med. World Communications, Inc. (2006 WL 1318387 [ED NY 2006]), the employee sought to protect confidential communications she created on and saved to her company-owned computer but never transmitted through the company's e-mail. The company argued that its E-Mail Computer Privacy Policy precluded any assertion of privilege because the employees expressly waived any right of privacy in anything they created, stored, sent or received on the company-owned computer. The court held that the heart of the overriding question was whether the employee was so careless as to suggest she was not concerned with the protection of the privilege and found that the confidentiality of the attorney-client communication could reasonably be preserved, and therefore, could reasonably be expected.