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Stengart v. Loving Care Agency, Inc. et al., No. A-3506-08T1 (June 26, 2009)

Articles Discussing Case:

Are Employees' Personal Emails On Work Computers Private? "Sometimes" Rules N.J. Supreme Court.

Fisher Phillips • April 07, 2010
Until last week, most employers believed that they had the right to review -- and in fact owned -- any electronic information stored on company computers. In a recent decision, the New Jersey Supreme Court carved out an exception to this rule. When an employee exchanges emails with her attorney through a personal web-based email account using a company computer, that email is attorney-client privileged even though the computer may automatically create a viewable copy of the email's text in temporary internet files on the company computer. In addition to ratifying, once again, the sanctity courts grant to the attorney-client privilege, the case highlights the importance of well-drafted company policies to enforce workplace rules and protect employer rights. Although the precedent applies only in New Jersey, the decision is significant for all employers.

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