Directors’ Use of External Work Email Leaves the Correspondence Vulnerable

Corporate partner Doug Raymond and associate Deanna Hayes coauthored an article for Directors & Boards that addresses a recent Delaware Chancery Court decision that serves as a reminder of the risk directors run when they rely on email to communicate sensitive matters.

The authors note that the decision provides another reason why directors should think twice before hitting “send” on their next board-related email. The article recommends steps to ensure that privileged communications stay privileged, such as reviewing directors’ email accounts and making sure that directors use email systems from employers or other entities that can demonstrate that their emails remain confidential.