United States v. Nagle, 2010 WL 3896200 (M.D. Pa. Sept. 30, 2010)

Key Insight: Applying the four factor test from In re Asia Global Crossing Ltd., court found that a memorandum saved on the hard drive of a work-issued laptop was protected by attorney-client privilege where, despite the existence of a policy warning that internet and email was not private, there was no policy banning personal use of work computers, there was no evidence that the employer ever monitored employees? use of work computers, there was limited access by others to the relevant employee?s laptop and such access was only with that employee?s permission, and where there was no testimony that the employee was aware of the employer?s policy

Nature of Case: Criminal charges

Electronic Data Involved: Privileged document saved on work-issued laptop