The New Jersey Supreme Court’s recent decision in Stengart v. Loving Care Agency upheld attorney-client privilege protection for personal web-based e-mails sent by an employee planning to sue her employer, notwithstanding a broad electronic communications monitoring policy by the employer. The case, though limited jurisdictionally to New Jersey, may be followed elsewhere, and suggests additions to company monitoring policies, which we set forth in this blog entry.
With the compliance date for the federal health data breach notifications in the HITECH Act looming, more states are amending their data breach notification statutes to cover health information. The possible trend is evident in the newly-enacted laws of three states – Missouri, New Hampshire and Texas – all of which have been enacted since June 2009. […]