4th Circ. Email Privacy Case Hinges On Employer's Policy

Law360, New York (October 31, 2012, 9:32 PM EDT) -- A former Virginia legislator is urging the Fourth Circuit to overturn his bribery conviction because the government viewed emails he sent his wife from his office computer, but attorneys said Wednesday that he would likely lose his appeal because his employer's computer-use policy precluded his expectation of privacy or use of marital privilege.

In oral arguments on Oct. 24, attorney Lawrence H. Woodward Jr. argued that the district court had abused its discretion in allowing into evidence privileged emails discussing financial troubles that his client Phillip Hamilton sent to his wife from his office computer in 2006 while he was employed...

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