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.
E-mail: snelson@senseient.com Phone: 703-359-0700
