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

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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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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