E-mail messages exchanged between an employee and her attorney through the
employee’s personal e-mail account are protected by the
attorney-client privilege, despite being sent through her employer’s
computer and internet server, a New Jersey appeals court has ruled.
Stengart v. Loving Care Agency, Inc. et al., No. A-3506-08T1
(June 26, 2009). Reversing the trial court, the Appellate
Division of the Superior Court of New Jersey held that the company’s
electronic communications policy did not transform the employee’s
private e-mails with her attorney into the company’s property.
