Sprenger v. Rector of Va. Tech, 2008 WL 2465236 (W.D. Va. June 17, 2008)

Key Insight: Where factual record was sparse and consisted solely of employer’s internet and email use policy, and no information was provided regarding knowledge, implementation, or enforcement of policy, court observed it had facts to determine only one of the four factors set out in In Re Asia Global Crossing, Ltd ., 322 B.R. 247 (Bankr. S.D.N.Y. 2005) and found that defendant had failed to meet its burden of demonstrating waiver of marital privilege; court quashed subpoena to plaintiff?s husband?s employer

Nature of Case: Employee alleged civil rights violations and violations of ADA and FMLA

Electronic Data Involved: ?[A]ll electronically stored information on all computers, laptops, PDA’s, portable media or other devices? utilized by plaintiff’s husband at his place of work relating to plaintiff’s claims