Reply to Blake Lively- Jason Baldoni and NYT

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[quote=Anonymous][quote=Anonymous]Let’s talk about the crime fraud exception Freedman has alleged in the Jones case (and maybe will allege in the Lively case, since he said he’s preparing more motions). Apparently this is a big deal and is not used often. Any lawyers have thoughts?[/quote]

I'm a lawyer but not well-versed in tech, and a lot of the arguments are technical so I can't really opine. FWIW, Jones filed a MTD in Jones v. Abel explaining why she believes that these criminal statutes do not apply to her conduct. I can't weigh in whether those arguments are accurate but here it is: https://storage.courtlistener.com/recap/gov.uscourts.nysd.635782/gov.uscourts.nysd.635782.56.0.pdf

And here is Wayfarer's letter from the Lively docket asserting that violation of these statutes supports waiving the privilege due to this exception: https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.94.0_2.pdf

There might need to be additional briefing or a hearing on this issue. Wayfarer is going to need to articulate specifically how this meets the elements of fraud (there is an argument to be made that Lively's attorneys defrauded NY courts by making false representations in the Doe lawsuit, but not sure if there's a clear argument for Jones committing fraud by responding to the subpoena) and/or for the criminal argument what personal, non-work product related information of Abel's that Jones illegally accessed or disseminated.

In the alternative, Wayfarer argues for an in camera inspection which means Edgeworth produces their documents and they are given to the judge directly to decide what gets delivered to Wayfarer,, instead of Jones and Edgeworth deciding what they turn over. That might be the best way to go.

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