Computer Use Policies Can Impact Litigation Outcome

Law360, New York (March 13, 2008, 12:00 AM EDT) -- While an employer’s policy governing its employees’ use of the Internet and company e-mail system is important in many respects, there is a growing body of case law where an employer’s computer use policy has actually determined the outcome of litigation.

The cases where an employer’s Internet/e-mail policy may be outcome determinative most often arise in two contexts:

(1) decisions involving invasion of privacy claims brought by employees, and

(2) decisions assessing whether an employee waived the attorney-client privilege in e-mail communications with his or her...
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