Our office recently discovered that a former employee provided a copy of one of our active files in felony case (minus the criminal history) to an attorney who is representing one of the witnesses in a civil matter. The civil matter springs from the same set of facts as the felony. While this is certainly against our office policy, is there any other liability for the office? What about the employee who released the file? Do we have nothing to worry about? Any help is GREATLY appreciated!!!

It really depends on what is in the file. For example, any HIPAA info? Any info that is prohibited by law from release (juvenile info, for example)? [You may also now have a problem defending the confidentiality of any work product privilege to info you released.]