Friday, November 6, 2020

Why Law Firms and Businesses Need TSCM - Reason #243

UK - A former Dechert client told a London judge Tuesday that spying conducted on a BigLaw partner is a common tactic in hard-fought commercial litigation.

A lawyer for the former client, a Kazakh mining company called the Eurasian Natural Resources Corp., is asking the judge to toss claims that spying on Dechert partner Neil Gerrard and his wife constituted illegal harassment, Law360 reports.

The ENRC hired Diligence International to surveil Gerrard in the hopes of gathering information for a lawsuit against Dechert and the United Kingdom’s Serious Fraud Office. Toward that end, Diligence planted hidden cameras in a hedge outside Gerrard’s home, Gerrard has alleged.

Lawyer Tom de la Mare said the cameras weren’t supposed to be found, so their placement couldn’t constitute harassment, according to Law360. And surveillance isn’t illegal unless oppressive or unreasonable, he said.

“Let’s be blunt about it,” de la Mare said. “This type of surveillance used to be common in commercial litigation.” more

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