Duane Reade Can't Take Back Accidentally Produced Email

By Ben James (February 29, 2012, 3:57 PM EST) -- Assistant store managers who brought an overtime collective action against Duane Reade Inc. don't have to return an inadvertently disclosed email that involved advice on the Fair Labor Standards Act from an ex-Duane Reade in-house lawyer, a New York federal judge ruled Tuesday.

Duane Reade forked over the two-page email Nov. 8 as part of an ongoing production of electronically stored information, but in January asked the court to declare the document privileged and order its return, U.S. Magistrate Judge Theodore H. Katz noted in a 16-page memorandum and order.

The plaintiffs, who say they were misclassified as exempt from overtime...

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