Attorneys Sued On Alleged Use Of Email Obtained From Spyware

Monday, June 29, 2009

A $2 million Circuit Court lawsuit has been filed against the law firm of Berke, Berke and Berke over the alleged use of email spyware.

The suit by Farrell Hayes asked $1 million compensatory damages and $1 million punitive damages.

The suit also names attorneys Marvin, Andy and Ronnie Berke as defendants.

Mr. Hayes said he was involved in a divorce action and Marvin Berke was representing Alice Suzanne Hayes.

Mr. Hayes said on Nov. 10, 2005 that Mrs. Hayes installed on his laptop computer an "eBlaster" software called "Spector Pro." He said it is primarily used for the surreptitious interception of communications.

The suit says items from Mr. Hayes' computer were sent to Mary Jo Davis, the sister of Mrs. Hayes, in Silver Spring, Md., and she passed them on to Mrs. Hayes.

The suit says interception of the emails violated federal and state laws.

It was claimed these were shown to attorney Marvin Berke and he "used or tried to use" some of the items in the divorce case.

The plaintiff is represented by attorney George Caudle.

Attorney Marvin Berke said the lawsuit will be "vigorously defended."

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