Privacy Law

Judge allows suit against lawyers for client's secret video of Waffle House chairman

  •  
  •  
  •  
  •  
  • Print.

A Georgia judge has refused to toss a lawsuit against two lawyers accused of encouraging their client to make a secret video of a sexual encounter with Waffle House chairman Joe Rogers Jr. for a sexual harassment claim.

Ruling on Wednesday, Judge Robert Leonard II of Cobb County allowed the suit against lawyers David Cohen and John Butters, according to the Fulton County Daily Report (sub. req.). Leonard dismissed a claim against a third lawyer who was brought into the case after the making of the video.

The video, taken by Rogers’ former housekeeper and personal assistant, Mye Brindle, showed Rogers naked in his bathroom and bedroom, according to the article. Georgia law requires the consent of both parties in video recordings. Rogers claims the video was made to extort money from him, while the lawyers say they sent a legitimate demand letter. Leonard has said the video appears to show a consensual encounter, undermining Brindle’s sexual harassment claim.

Leonard noted differing stories on whether the lawyers were involved in planning the video. Cohen has said he merely sent Brindle to see an expert, while Brindle testified that Cohen and Butters were at the meeting with the expert.

Related article:

ABAJournal.com: “Lawyers disqualified from suit after claims they schemed with client to make secret sex video”

Give us feedback, share a story tip or update, or report an error.