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Magistrate Judge Katz http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46111 PLAINTIFF BROUGHT an action against her former employer under 42 USC �1981 and Title VII of the Civil Rights Act of 1964, claiming employment discrimination on the basis of age, race, color and gender, as well as unlawful retaliation for the exercise of protected rights. The instant court had to determine the parties’ dispute regarding defendant’s request for the return by plaintiff of an e-mail that came into her possession, which defendant contended is protected by the attorney-client privilege. The court found that the e-mail’s first four paragraphs are protected by the attorney-client privilege since it clearly conveyed information and advice given to an employee of defendant by defendant’s outside counsel. The court, however, found that the final paragraph of the e-mail is not protected by the attorney-client privilege since defendant’s employee, a non-attorney, simply conveyed to his colleagues his own impressions and frustrations about plaintiff’s conduct on the job.

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