Attorney Client Privilege

When an employee quits, many employers hire computer forensic experts to create an image of the hard drive in any computer used by the employee. That image is then searched for evidence of improper conduct. The employer can look at the employees’ emails on the company email system, for example, and see if the employee was improperly

A recent New Jersey decision, Stengart v. Loving Care Agency, raises questions about the limits of the attorney client privilege when an employer performs a forensic examination of the computers used by a former employee. Because it is typical for employers to conduct a forensic examination of a former employee’s computers when the employee is bound by a