Using employer's e-mail waives privilege

The BP oil spill litigation has provided an interesting decision concerning the affect an employer's e-mail policy has on the spousal privilege (and arguably the attorney/client, doctor patient, and religious privilege claims). Communications between an employee and his spouse, also a BP employee, were made through BP e-mail accounts. The employee argued BP permitted personal use of the accounts, third parties could not access the accounts, and the employers notifications (that e-mail was not private) were not sufficient to overcome spousal privilege. Rejecting the employee's argument, the court found, the accounts were not private, they could be monitored by the employer, and they could be subpoenaed. Of course this latter assessment begs the question of privilege.

Social Media as litigation tool

The New York State Bar has issued an ethics opinion that accessing the public pages of a social network site to gather information on a litigation opponent is ethical. HAt Tip to the always interesting Adjunct Law Prof Blog.

The boss' right to know

Workplace privacy has been virtually eradicated by technology and a judicial climate supporting nosey employers, according to this AFL-CIO blogger.

Supreme Court will review employee privacy case

The federal Ninth Circuit ruled in favor of employee police officers and against their employer and a service provider who turned over employee's text messages to the employer who paid for the service. The United States Supreme Court granted review to the public employer after having previously denied the private Company's appeal.