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Non-Compete and Trade Secrets Blog

Posts tagged Attorney-Client Privilege.

A recent Formal Opinion issued by the ABA Standing Committee on Ethics and Professional Responsibility offers yet another reason for non-compete lawyers to be sure they remind clients about the dangers of communicating with counsel via workplace computers.

Distinguishing the New Jersey Supreme Court's decision in Stengart v. Loving Care Agency, a California Appellate Court has held that an employee's e-mails with her personal attorney sent through the employer’s workplace computer are not protected by the attorney-client privilege.

The New Jersey Supreme Court's decision in Stengart v. Loving Care was widely anticipated because it is common for employers to review their former employees' workplace computers to determine whether trade secrets have been taken, restrictive covenants have been breached, or whether statutes like the Computer Fraud & Abuse Act have been violated. The extent to which the decision will implicate these issues remains to be seen, but seems to be minimal.

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