Electronic Spying and Tracking Spouses in Divorce Cases: What's Legal in the Digital World?

Navigating Admissibility and Privacy: Evidence Derived From Social Media, Smartphones, Spyware, GPS Trackers

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, September 27, 2022

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, September 2, 2022

or call 1-800-926-7926

This CLE course will teach family law attorneys to identify and manage legal issues when spouses obtain evidence using electronic or telephonic interception, smartphones, spyware, GPS tracking devices, webcams, wiretaps, or other methods.

Description

It is an increasingly familiar dilemma for divorce practitioners: Clients come in with potentially significant evidence, a virtual smoking gun. However, how can counsel handle the inherent legal hurdles if the evidence is obtained through telephone interception, spyware, GPS trackers, smartphones, webcams, or unauthorized use of social media accounts?

Counsel must consider several essential issues: Can you use the evidence? Has your client violated federal or state law? Will they need to take the Fifth Amendment if deposed?

When your client presents you with potentially illegally obtained evidence, what are the legal ethics implications for you as an attorney?

Listen as our panel of experts analyzes the current (and ever-evolving) state of legal affairs when spouses spy on one another in a contentious situation.

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Outline

  1. Overview of federal and state statutes
    1. Wiretapping
    2. Privacy
    3. Computer crimes
    4. Webcam law
    5. GPS laws
  2. Types of interception and compromise
    1. Social media accounts
    2. Smartphones
    3. Computers
    4. Spyware
    5. GPS tracking
    6. Webcams
  3. Civil and criminal implications

Benefits

The panel will review these and other key issues:

  • How do the federal statutes governing interception of electronic and telephonic communications impact evidence of spousal misconduct that a client obtains in a divorce case?
  • What factors can guide counsel in determining whether or not to use the evidence?
  • What are the implications for clients and counsel concerning improper self-help surveillance evidence?
  • How should practitioners approach "smoking gun" evidence that a client may have illegally obtained?

Faculty

Gornbein, Henry
Henry S. Gornbein

Partner
Lippitt O’Keefe Gornbein

Mr. Gornbein practices in all areas of family law. He is a monthly contributor to the Michigan Family Law Journal, has...  |  Read More

Neilson, Jeffrey
Jeffrey T. Neilson

Partner
Lipson Neilson

Mr. Neilson is known nationally for his expertise in probate litigation, business counseling, estate...  |  Read More

Neilson, Lisa
Honorable Lisa Marie Neilson
Retired Judge
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Attend on September 27

Early Discount (through 09/02/22)

Cannot Attend September 27?

Early Discount (through 09/02/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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