Law Governing Attorney-Client Privilege for Emails Hosted on Noncompany Servers

Harvard Law School Forum on Corporate Governance

Edward B. Micheletti Lauren N. Rosenello Trevor T. Nielsen

Partner Edward Micheletti and associates Lauren Rosenello, and Trevor Nielsen highlight the need for directors and employees to carefully consider the email service provider they are using when communicating with counsel, in order to avoid the risk of waiving attorney-client privilege and being required to produce those communications in discovery.