An entire e-mail chain cannot be withheld during e-discovery on the grounds that it contains a single e-mail with privileged information, a Long Island federal magistrate judge has ruled. The ruling came during discovery in BenefitVision Inc. v. Gentiva Health Services Inc., 2:09-cv-00473, an $800,000 contract dispute between benefits consultant BenefitVision and Gentiva, one of its clients.
Eastern District Magistrate Judge A. Kathleen Tomlinson ruled on May 23 that Gentiva could not withhold e-mail chains from production as protected by attorney-client privilege unless the entire chain was privileged. “If an intermediary e-mail in the chain is not subject to work-product or attorney-client privilege, it cannot be withheld from production,” she ruled. “If there are e-mail chains in which Defendants claim privilege over only parts of the e-mail chain, those allegedly privileged e-mails must be redacted and all nonprivileged portions must be produced.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]