NJ Supreme Court: Company email monitoring policy is trumped by attorney-client privilege


The New Jersey Supreme Court unanimously held, in Stengart v. Loving Care Agency, Inc., A-16-09, that emails sent by an employee to her attorney on her work computer using her private Yahoo! account were subject to the attorney-client privilege. The court reasoned that an employee sending an email from a web-based, password-protected, email account has a reasonable expectation that those emails will be private, even if sent from a computer owned by the employer.

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