A 2005 survey conducted by the American Management Association and the E-Policy Institute showed that of employers surveyed
- 25 percent had terminated employees for e-mail misuse,
- 13 percent of those same employers have been involved in litigation triggered by an employee’s use of e-mail, and
- 20 percent of the employers have had e-mail subpoenaed in litigation.
It's not enough just to put policies in place that state e-mail is for business use only - now, training is needed to reinforce the seriousness of this issue.
There is no expectation of privacy in company e-mails - and don't think that the opposing attorney doesn't know that.