Judge Strikes Pleadings of Husband in Divorce Who Bugged Wife's Phone
A man locked in bitter divorce proceedings with a tobacco heiress was caught bugging his wife's phone and listening in to her conversations with…
February 16, 2018 at 06:32 PM
2 minute read
A man locked in bitter divorce proceedings with a tobacco heiress was caught bugging his wife's phone and listening in to her conversations with her attorney, an infraction that a Brooklyn judge said should cost him any claim on the family's wealth.
And while the incident occurred in the often bare-knuckle world of matrimonial law, Raoul Felder, who represents Anne Resnik, the daughter of a Philip Morris CEO, said the case should serve as a cautionary tale to attorneys in every practice area, from bankruptcy to criminal, when speaking with their clients on the phone: The opposing party could be listening.
“Why was the attorney-client privilege created?” Felder said. “It wasn't just for divorce work. This is a violation of that privilege.”
Felder said he found that Resnik's estranged husband, Crocker Coulson, had purchased spyware as well as a software program called IPVanish that could conceal his internet identity by obtaining his bank records in discovery.
In May 2015, Brooklyn Supreme Court Justice Jeffrey Sunshine ordered the seizure of Coulson's iPhone and computers; the existence of spyware on Resnik's phone came to light in February 2015, but it had been installed since October 2014.
Coulson used the spyware to not only listen in on her conversations but also read her text messages and emails and track her location.
When asked about the purchases during a deposition, Crocker laughed and invoked his Fifth Amendment privilege a total of 58 times, according to court papers.
Sunshine apparently did not find the situation funny. In a ruling issued on Feb. 5, the judge said that Coulson's conduct “offends all semblance of judicial integrity” and meted out the harsh sanction of striking Coulson's pleadings on equitable distribution.
“If the court does not protect the integrity of the litigation process the very system for protecting the rights and due process of all litigants is compromised,” the judge said.
Daniel Nottes of Felder, Felder & Nottes is also appearing for Resnik.
Coulson is appearing pro se in the case, despite Sunshine's repeated reminder at proceedings in the case that he has the right to an attorney.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllDecision of the Day: Attorney in Social Security Case Awarded Fees, But Must Pay Client Refund Under Equal Access to Justice Act
The Changing Landscape of NY Courts' Jurisdiction Over Out-of-State Corporations
14 minute readTrending Stories
- 1Which Outside Law Firms Are Irreplaceable, and Which Should Have Gotten the Ax Years Ago?
- 2Two Tesla Shareholder Cases in Del. Chancery Court Consolidated
- 3Your Opinion Matters: Annual Managing Partner Survey
- 4Civility for the New Generation
- 5The Future of Law: Harnessing AI Without Compromising Integrity
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250