The Delaware Court of Chancery, in Carlos Eduardo Lorefice Lynch, et al. v. R. Angel Gonzalez Gonzalez, et al. [Grupo Belleville], C.A. No. 2019-0356-MTZ, letter op. (Del. Ch. Nov. 18, 2019), found a party who exchanged personal communications using email on a company server located in another country would not have an expectation of privacy for purposes of privilege, privilege was sustained where the law of that country provided a basis to expect privacy.
NEW: Morris James discusses the decision in Chancery Holds Plaintiffs’ Emails with Counsel on Defendants’ Server Are Privileged Due to Application of Argentine Law.
Cozen O’Connor discusses the decision in Chancery Applies ‘Statutory Override’ to Uphold Privilege for Emails Hosted on Adversary’s Server.
LegalLine discusses the decision in Delaware court called on to settle discovery dispute over access to emails.
Francis Pileggi discusses the decision in Attorney/Client Privilege Applies to Email Sent on Company Server.