Court Orders Production of Non-Privileged Emails in Chain of Otherwise Privileged Emails

As originally published in Forbes.  In an important Order, Magistrate Judge Kathleen Tomlinson of the Eastern District of New York held that a non-privileged intermediary email in a chain of otherwise privileged emails cannot be withheld from discovery requests. In Benefitvision, Inc. v. Gentiva Health Services, Inc. (E.D.N.Y. May 23, 2011), the court considered the plaintiff’s…