We hold that an e-mail from the head women's basketball coach at Kean University to the University's general counsel was protected by the attorney-client privilege even though she later disclosed it to the NCAA during its investigation into certain practices of the University's athletic program. In the organizational context, the University is considered the client and holder of the privilege, which cannot be waived by an employee who is neither an officer nor director of the entity, and who was not acting under the direction or with the express approval of the University in releasing the document.
Judge Guadagno dissents, finding, based on his review, that the e-mail was not seeking legal advice from counsel; was not made in confidence because another University employee was copied on the document; and that, in any
event, any privilege that may have attached was waived when the University failed to object to the employee's disclosure to the NCAA. 10-24-13