In re Trinsic, Inc.
(DBN) |
SD AL |
Where a bankruptcy trustee sold the debtor's computer servers without deleting legally privileged files, he waived the debtor's attorney-client privilege as to those files, since he "should have known that there were many documents, some of which may be privileged, on the debtor's servers and computer hard drives."
Conversely, where the same debtor's former CFO secretly, and without permission, made copies of the debtor's hard drive before leaving the company, the trustee did not waive the attorney-client privilege as to that information because he immediately objected to the production of the files when he became aware of the secret copy. |