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Tuesday, June 30, 2009

06-26-09 STENGART v. LOVING CARE AGENCY A-3506-08T1

06-26-09 MARINA STENGART v. LOVING CARE AGENCY, INC.
A-3506-08T1

In this appeal, the court addressed whether workplace
regulations converted an employee's emails with her attorney --
sent through the employee's personal, password-protected, web-
based email account, but via her employer's computer -- into the
employer's property. Finding that the policies undergirding the
attorney-client privilege substantially outweigh the employer's
interest in enforcement of its unilaterally imposed workplace
regulation, the court rejected the employer's claimed right to
rummage through and retain the empattorney.

Richard Sadowski
Assistant Editor