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Author Archives: Eric T. Berkman

Document sharing by co-defendants doesn’t waive privilege

A defendant did not waive the attorney-client privilege when its attorney shared documents with a co-defendant’s counsel as part of a joint defense agreement, the Massachusetts Supreme Judicial Court has ruled in a case of first impression. A trial court ...

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Corporate official not liable for threats absent malice

The Massachusetts Supreme Judicial Court recently determined that a higher burden of proof applies to employees suing company officials for interfering with their employment status – ruling that an “actual malice” standard is required. A chief financial officer had sued ...

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Private e-mails between employee and lawyer off limits to employer

E-mail conversations between an employee and his lawyer – conducted via the employee’s private, web-based e-mail account but from a company-issued computer – were nonetheless protected by the attorney-client privilege, a Massachusetts Superior Court judge recently ruled. The employee’s e-mail ...

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