Reference no: EM131044303
InStengart vs. Loving Care Agency, the employee used a company laptop to communicate with her lawyer by means of a web-based, password-protected personal email program. She left the firm, returned the laptop, and sued for discrimination. Forensic experts recovered her emails from the laptop for the company, and its attorneys used the emails in discovery, telling no one what they had found. Plaintiff's attorney discovered this, and demanded that these privileged communications be returned, which was refused. The trial court found that plaintiff had waived her attorney-client privilege. The appellate court reversed, finding that the employer's lawyers were guilty of misconduct. The Supreme Court ruled:
(A) For the employer, because the employee had waived her because of the company's privacy policy, and the use of the company laptop
(B) For the employer because the employee was not permitted to send personal emails on company time
(C) For the employee, because the company's attorneys had acted improperly
(D) For the employee, because she had not waiver her right to attorney-client privlege, and the company privacy policy did not address the use of personal web-based email programs
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