Twitter v. Musk Discovery Ruling Highlights Issues for Executives Using Work Email for Non-Work-Related Privileged Communications: Executives Considering Using Work Email for Personal Legal Communications or for Privileged Communications Regarding Another Company Should Remain Mindful of the Risk of Waiver

Sullivan & Cromwell LLP - September 19, 2022

A recent discovery ruling in Twitter v. Musk raises interesting issues related to whether an executive using company email for personal matters or matters related to another company has waived any attorney-client privilege that might apply to those emails. The decision highlights circumstances where executives—particularly very senior executives—may have more success in seeking to protect these types of privileged emails from being disclosed in Delaware litigations.

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