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Analysis of Former Employee’s Laptop Can Raise Privilege Issues

By Robert Hudock, on July 10th, 2009 Print This Post Print This Post
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 [...]
July 10th, 2009 | Tags: , , | Category: "Expectation of Privacy", Attorney-Client Privilege, E-Discovery, Forensic Tools | Leave a comment Print This Post Print This Post

California Electronic Discovery Act Signed Into Law — Takes Effect Immediately

By Robert Hudock, on July 7th, 2009 Print This Post Print This Post

The California E-Discovery Act(“the Act”) establishing procedures for a party to obtain electronically stored information (ESI), similar to the Federal Rules of E-Discovery (December, 2006), was signed into law on June 29 by Governor Arnold Schwarzenegger. The Act implements new rules for electronic discovery in California civil cases. The Act tracks the 2006 amendments to the Federal Rules of Civil Procedure. [...]

July 7th, 2009 | Tags: , , | Category: Attorney-Client Privilege, Discovery Plan, E-Discovery, FRCP 26(b)(2)(B) "Not Reasonably Accessible", FRCP 26(b)(5)(B) or FRE 502, FRCP 37(e) Safe Harbor, FRCP Rule 26(f) - Reasonably Useable Format, Law and Technology, Local Court Rule, Form or Guideline | Leave a comment Print This Post Print This Post
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