NY Cyberbullying Bill Gets Endorsement

Tuesday, April 13, 2010 No Comments

Attorney-Client Privilege Trumps Employer Monitoring -- A case that had been ongoing has been settled and the outcome is clear: 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.

So whether you are going to use The Office Software, or a lesser brand, know that if you have an employee communicating with an attorney, via private email – even if it is on your company computers – you cannot look!

April 6, 2010
Are Employees' Personal Emails On Work Computers Private? "Sometimes" Rules N.J. Supreme Court

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. Stengart v. Loving Care Agency, Inc. Read more ›

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