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…

How To Make Sure Your Company’s Data Doesn’t Get Stuck In Europe

As originally published in Forbes (Apr. 22, 2011). As debates about data privacy rage in the United States—the Wikileaks Twitter case is a recent and prominent example—it is important for multinational corporations and other potential litigants (both plaintiffs and defendants) not only to understand the nuances of the markedly different privacy definitions and security standards in…

Can The Government Seize Your Email Without A Warrant? You’ll Be Surprised.

As originally published in Forbes (Feb. 8, 2011). Is your email safe from a warrantless seizure thereof by the federal government? The Fourth Amendment provides that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon…