We invite you to review our newly-posted May 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Users May Have Privacy Interest In Emails Sent Over Company Network Absent Express Policy
Militello v. VFARM 1509, 89 Cal. App. 5th 602 (2023)
Shauneen Militello brought a 22-count complaint against fellow co-owners of a cannabis manufacturing and distribution company, including Ann Lawrence. Lawrence moved to disqualify Militello’s counsel, arguing that Militello had improperly provided to her counsel private emails between Lawrence and her husband that were sent on the company’s email network, which Militello’s attorney attempted to use
Litigant And His Lawyer May Have Violated Computer Fraud Statutes By Subpoenaing E-Mail
Theofel v. Farey-Jones, 341 F.3d 978 (9th Cir. 2003)
Douglas Wolf and Richard Buckingham, officers of Integrated Capital Associates, Inc. (ICA), were embroiled in commercial litigation against Alwyn Farey-Jones when Farey-Jones’s lawyer, Iryna Kwasny, subpoenaed ICA’s Internet Service Provider, NetGate, broadly seeking “all copies of emails sent or received by anyone.” NetGate, which was not represented by counsel, responded that the amount of e-mail