Ride the Lightning
Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.
DIVORCE ATTORNEYS SUED OVER E-MAILS GLEANED FROM SPYWARE
July 1, 2009
I've been waiting for this case. It was just inevitable that attorneys (as opposed to spouses) would one day be sued for using evidence obtained from spyware.
A two million dollar lawsuit has been filed in Tennessee against the law firm of Berke, Berke and Berke (think they're related?). Allegedly, the firm used or tried to use e-mails intercepted by "eBlaster," a popular spyware program, in violation of federal and state wiretap laws. Individual attorneys were sued along with the firm itself.
This is the first such case I've run into – but I've long predicted it would happen. The attorneys say the suit will be "vigorously defended." No kidding. $2 million doesn't qualify as chump change. But if they really did what they are alleged to have done, they may also have an ethics problem with their state bar.
I shall watch this one with great interest.
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