Privilege — Waiver by Use of Company Email System

Held, an employee’s use of a corporate computer to transmit or receive privileged communications waives the privilege when the employee is on notice that the employer reserves the right to review the communications. United States v. Etkin, 2008 U.S. Dist. LEXIS 12834 (S.D.N.Y. Feb. 19, 2008) (employees do not have a reasonable expectation of privacy in the contents of their work computers when their employers communicate to them via a flash-screen warning when they log on a policy under which the employer may monitor or inspect the computers at any time).

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