Confidentiality agreements, Business Law and Ethics

A prominent Golfer was caught allegedly cheating on his wife. The evidence consists of emails and text messages from alleged paramours. The golfer has major endorsement contracts with sponsors. One sponsor wants to cancel the contracts because of the affair.  The sponsor believes that news of the affairs was leaked to the golfer's wife and that in fact she pursued the golfer with a golf club. In his effort to flee the golf club wielding woman, the golfer crashed his car into a tree. In the ensuing lawsuit, the sponsor wants to call the wife as a witness in the case.  Another sponsor wants to wait it out and see how events unfold. This sponsor is concerned that release of the emails and text messages in the first lawsuit will adversely affect their business.

                Divorce proceeding commence quite soon. In the divorce case the golfer wants to include evidence that his wife was abusive.  Evidence of that fact is she chased him out of the house with a golf club. The following day the golfer's mother in law was rushed by ambulance to a hospital. During the ride over she tells the EMTs that her daughter was humiliated by her son in law when she learned of the emails and text messages so she grabbed a 9 Iron and went after the golfer with the intent to cause him serious harm. 

                The golfer crashed his car but was able to dial 911.  During the 911 call he made various remarks concerning his condition and the circumstances about his condition and how he came to slam into a tree.  

                The police arrive at the scene and make out a report and take statements. Several neighbors say they heard a "car crash" in the early hours. One says the car was driving erratically down the street. Two say they heard that the golfer and his wife were having problems and one says she heard them fighting.

                The golfer denies that he is having any affair with anyone. He says he has no idea how the text messages got on the phones of these women. He wants to subpoena their phone records. He is advised to hire an expert on telecommunications to help study the phones and try to explain how the messages got on the phone if they were not sent by the golfer. The "expert" tells you he has no college degree or any other degree, yet he developed and holds the patents for text messaging. He has previously been convicted of a crime.

The wife previously worked at a computer security company. During a deposition she refuses to identify where she now works.

                Several of the women have already signed confidentiality agreements with the golfer in exchange for a payment and they do not want to be involved in the case.

Identify all of the evidence issues you can that arise from this problem. Refer to the appropriate Federal Rule number and subsection, if there is one.

Posted Date: 3/7/2013 12:20:16 AM | Location : United States

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