Documents created by a former general counsel of Zara USA on a company laptop are not protected by attorney-client privilege and must be submitted for an in-camera determination of whether they deserve work product protection, a Manhattan appeals court has ruled.

The Appellate Division, First Department’s decision Tuesday in Miller v. Zara USA, 155512/15, modifies a 2016 ruling in which it issued a protective order preventing Zara from accessing more than 100 “personal documents” created by plaintiff Ian Jack Miller on a company laptop after he was terminated.

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