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Lawyers should remind their clients that copying a lawyer on an email does not automatically render the email privileged. But the story doesn't end there. In Dejewski v. National Beverage Corp., the court recited the familiar lesson that "[a]n email is not deemed to be privileged if an in-house attorney: (1) is a mere recipient of that email." Case No. 19-cv-14532-ES-ESK, 2021 U.S. Dist. LEXIS 6083, at *2 (D.N.J. Jan. 12, 2021). The court then explained the obvious rationale – otherwise...
By: McGuireWoods LLP