In a continuation of the Stengart v. Loving Care Agency case we wrote about here, the New Jersey Supreme Court ruled on March 30, 2010 that emails sent by an employee from a company laptop via a web-based email account (Yahoo!) to her attorney were protected from disclosure by the attorney-client privilege. In reaching this conclusion, the Court also ruled and provided insight on a far broader and more practical issue for employers — namely, how to draft enforceable computer usage policies and/or make existing policies more effective.
Click here for more about this momentous decision and some practical tips about drafting sustainable computer usage policies from Proskauer’s Labor & Employment attorneys who submitted a “friend of the court” brief in the case on behalf of Employers Association of New Jersey.