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
Recording of a 90-minute CLE video webinar with Q&A
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.
Outline
- Overview of federal and state statutes
- Wiretapping
- Privacy
- Computer crimes
- Webcam law
- GPS laws
- Types of interception and compromise
- Social media accounts
- Smartphones
- Computers
- Spyware
- GPS tracking
- Webcams
- 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
Henry S. Gornbein
Of Counsel
Lipson Neilson
Mr. Gornbein specializes in all areas of family law. He is a frequent writer for many bar related... | Read More
Mr. Gornbein specializes in all areas of family law. He is a frequent writer for many bar related publications. Mr. Gornbein is the creator and host of the award winning cable television series, Practical Law. He is the creator and host of the You Tube series, Gracefully Greying, with a newly launched website: http.//www.gracefullygreying.com. Mr. Gornbein is the author of the book, Divorce Demystified, Everything You Need to Know Before You File For A Divorce and the coauthor with forensic psychologist, Jack Haynes Phd of the book: Child Custody, A Complete Guide For Parents which is being published in July of 2020.
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Irika N. Mellin
Senior Partner
Mellin Robinson
Ms. Mellin is exclusively dedicated to her Michigan clients in the areas of divorce and family law. She is focused on... | Read More
Ms. Mellin is exclusively dedicated to her Michigan clients in the areas of divorce and family law. She is focused on the needs of her clients and aggressively fights for the best outcome. A 1996 graduate of the University of Detroit Mercy School of Law, Ms. Mellin has been practicing family law since 1997. She has years of experience in complex divorce and custody cases that range from amicable to contentious. Ms. Mellin devotes herself to each individual case and gives specific attention to both the present and future needs of each client. Ms. Mellin is a member of the Family Law Section of the State Bar of Michigan and the Michigan Inter-Professional Association, and has served as a past chair and current member of the Oakland County Bar Association Family Court Committee. She has also served on the board of trustees for CARE House of Oakland County. Her dedication to her clients is mirrored in her dedication to her community and she volunteers with the Family Law Assistance Project. Her commitment is also demonstrated by her awards for charitable service and The Certificate of Appreciation from the Women's Survival Center. Additionally, Irika Mellin is well-known in the legal community as a certified domestic relations mediator and arbitrator. She has co-authored with Kristen Robinson the Parenting Time Chapter in the LexisNexis Practice Guide: Michigan Family Law 2016- 2024. She is often asked to be a guest lecturer on family law related matters.
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Kristen L. Robinson
Senior Partner
Mellin Robinson
Ms. Robinson received her bachelor's degree from Hope College located in Holland, Michigan. She attended Detroit... | Read More
Ms. Robinson received her bachelor's degree from Hope College located in Holland, Michigan. She attended Detroit College of Law (which is now Michigan State University School of Law). Ms. Robinson has the distinction of being a member of the last class to graduate in Detroit where she earned her law degree, with honors, cum laude. She concentrates her practice in domestic relations litigation. Ms. Robinson also has the capability to assist clients who desire to settle their cases on the terms that work for their respective families, rather than allowing the court process to dictate the important decisions in their lives. In addition to representing clients as an advocate, she is a trained neutral mediator, chosen by other lawyers and appointed by the court to assist other parties in settling their family law matters. Ms. Robinson was elected by her peers to the 21-member State Bar of Michigan Family Law Council. The Council works to influence, analyze and advocate for family law-related interests including legislation and court rules. She has served on the Executive Board of the Family Law Council for the past four years and currently serves as the Chair of the Family Law Section of the State Bar of Michigan.
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