Law Blog 2.0

In Stengart v. Loving Care Agency, Inc. et al. , --- A.2d ----, 2009 WL 1811064 (App. Div. 2009 Docket No. A-3506-08T1, published June 26, 2009), a three judge panel of the New Jersey Appellate Division ruled, despite a written policy to the contrary, an employee had a “reasonable expectation of privacy” in e-mails with her attorney via an employer-owned laptop. The Court remanded the case for a determination of appropriate sanctions, including possible disqualification of the employer's counsel. The policy in question was ambiguous in part because it contained an “occasional use [...]