Lawyer-Client Email Held Privileged Despite Its Release to a Third Party
Dominick Carmagnola, a management-side employment lawyer not involved in the case, says the decision "expands the footprint a little bit and gives a little greater coverage to the privilege."
"There's a lot of layers in these institutions, and you can't have one person … controlling the privilege and in fact waiving it when there was no notice to the university," he says.
Even if the document sought has been used in a public forum, "you can still assert that privilege and put the cloak back over it," says Carmagnola, of Carmagnola & Ritardi in Morristown.
Kean University's lawyer, Michael Dee of Morristown's McElroy, Deutsch, Mulvaney & Carpenter, declines comment. Kean spokeswoman Emily Renkert did not respond to a reporter's email seeking comment Thursday. •