A matrimonial attorney and her firm are facing a malpractice suit in state Superior Court in Morris County, New Jersey, after litigation over a divorce was disrupted by a data breach.

The complaint said attorney Erin Brueche, who represented Shaun Kennedy in a matrimonial case, sent an email to opposing counsel about a routine scheduling matter on Sept. 12, 2017. But “negligently and without care,” Brueche's message included a password and related information allowing any recipient to access electronic files that were stored by her firm, the Weinberger Divorce and Family Law Group of Parsippany, New Jersey. The exposed information related to the representation of Kennedy.

The email included a disclaimer that any information or materials not meant for the recipient should be destroyed or returned. But Brueche's opposing counsel, Gregory D.R. Behringer of Laufer, Dalena, Cadicina, Jensen & Bradley in Morristown, New Jersey, allegedly provided the email to his client, who was Kennedy's wife and adverse party. She accessed the link more than 500 times, disseminated the file's contents to others and used its contents in the matrimonial proceeding, the suit claims.

Shaun Kennedy's suit, filed April 24, brings claims of legal malpractice and breach of fiduciary duty against the Weinberger Divorce and Family Law Group and attorney Brueche.

The improper disclosures aided Behringer and his client in forming a strategy in the case, said S.M. Chris Franzblau of Franzblau Dratch in Livingston, New Jersey, who is representing Kennedy in the malpractice action.

Brueche learned that her email allowed access to her firm's file about six weeks after sending it, but she and the firm failed to promptly advise Kennedy of the breach of his privileged information, the suit claims. In addition, Brueche, while representing Kennedy, failed to seek any relief from the court that would have mitigated the effects of the mishap, such as a protective order that would require Behringer and his client return the materials obtained by the September email, the suit claims.

Kennedy's suit asserts he had an attorney-client relationship with Brueche, as evidenced by their binding, written retainer agreement by which she and her firm obtained fees in excess of $160,000 in the divorce case, according to the suit.

Kennedy's file was subject to attorney-client privilege and was “of a highly confidential and personal nature,” the suit says. The email stated that any person reading it who is not an intended recipient should notify the sender by telephone or email and delete all copies of the email.

Kennedy's wife “made use of the information she illegally accessed in an attempt to embarrass and humiliate Shaun and prevent his rights of communication and visitation with his children and compromise his confidential attorney right to fair representation and disseminated the wrongfully obtained information,” the suit says.

Kennedy and his wife, who were married in 2008, obtained a judgment of divorce in December 2017.

The insertion of password information in Brueche's email to Behringer was caused by improperly installed software, said Aaron Weinberger, executive director of the Weinberger Divorce and Family Law Group. “The breach was a result of the software company that we hired. The software was set up incorrectly,” he said.

No other messages providing access to the firm's files were sent out, and no other files were viewed by nonauthorized parties, Weinberger said. The firm conducted a lengthy investigation after learning about the email, Weinberger said.

Weinberger also disputed the suit's assertion about the effect of the files' disclosure on Kennedy, saying there was “nothing disclosed that impacted his case at all.”

The suit also brought claims for invasion of privacy, intrusion on seclusion, invasion of publicity, intentional infliction of emotional distress, malicious use of process and causing false arrest against Kennedy's wife, Carey. The suit also accused Carey Kennedy of making unauthorized access to a computer network, in violation of N.J.S.A. 2A:38A-1, which imposes civil liability for unauthorized access to any computer or computer system. Carey Kennedy could not be reached for comment.

Behringer declined to comment on the case.