Law Firms
Law Firm Sued Over Divorce Client’s Use of Spyware
Posted Jul 6, 2009 12:39 PM CST
By Debra Cassens Weiss
A law firm in Chattanooga, Tenn., has been sued for $2 million by a man who says one of its lawyers tried to use improperly intercepted e-mail in a divorce case.
Farrell Hayes says in the suit that the law firm Berke, Berke and Berke represented his wife, Alice Suzanne Hayes, in a divorce action, the Chattanoogan.com reports. The suit claims Alice Hayes installed "eBlaster" software on Farrell Hayes’ laptop computer that intercepted his communications.
The suit says lawyer Marvin Berke used or tried to use some of the e-mail in the divorce case. Berke told the Chattanoogan that the suit will be "vigorously defended."
Hat tip to Legal Blog Watch.

Comments
Michael
Jul 7, 2009 10:01 AM CST
Not sure what their vigorous defense is going to be unless they either didn’t do it or didn’t know about it. Once they were given the emails and realized out a crime was being committed they seemed to not only not stop their client, but try to introduce the contraband into court!
Hopefully they won’t try to argue they had the right to conspire in the commission of a federal felony to steal information, which is what the (admittedly brief) article seems to suggest happened.
Seems like there’s not only a civil case here but—since the interceptions crossed state lines—possibly a criminal case too. It’d be good to see Obama’s Justice Dept. pick this up and send a message that hacking won’t be tolerated.
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