Marshall Dennehey Attorneys Save Attorney from Liability Under the Federal Wiretapping Statute

In a case of first impression in the New Jersey District Court, Jack Slimm and Jeremy Zacharias successfully obtained dismissal of federal wiretapping claims arising out of the federal Computer Fraud and Abuse Act. See, Radcliff v. Radcliff, 2020 WL 7090687.

A lawsuit was brought against an attorney who had represented a husband in a child custody dispute in state court. The attorney and his law firm were named as defendants in a separate lawsuit in federal court by the husband’s ex-wife. The ex-wife claimed the husband installed a malware program called a Keylogger on her computer.

The court dismissed the ex-wife’s claims under the Computer Fraud and Abuse Act based on the two-year statute of limitations. The court held that the relevant inquiry is when the plaintiff learned that the integrity of her computer had been compromised. The court found that the plaintiff learned that the integrity of her computer had been compromised at least as early as September 9, 2015, when she received the police forensics report.

Jack and Jeremy were able to show that the plaintiff had knowledge of her claim based on the police forensics report, which demonstrated that her computer had been compromised. Applying the law from the Second Circuit, since this issue had not been decided in the Third Circuit, the District Judge dismissed the Computer Fraud and Abuse Act claim, holding that the claim was barred under the Act’s two-year statute of limitations.

Should you have any questions regarding the New Jersey District Court’s recent opinion or seek assistance on matters involving the Consumer Fraud or Abuse Act, please contact Jack Slimm at jlslimm@mdwcg.com or Jeremy Zacharias at jjzacharias@mdwcg.com.

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