Electronic Spying and Tracking Spouses in Divorce Cases: What’s Legal in the Digital World?


CLE credits earned: 2 General Credits (WA 2 Law and Legal), or 2 TECHNOLOGY CREDITS

It is an increasingly familiar dilemma for divorce practitioners: Clients come in with potentially significant evidence, a virtual smoking gun. However, if obtained through telephone interception, spyware, GPS trackers, smartphones, webcams, and unauthorized use of social media accounts, how can counsel handle the inherent legal hurdles? Counsel must consider several essential issues: Can you use the evidence? Has your client violated federal or state law? Will they need to take the Fifth Amendment if deposed?
When your client presents you with potentially illegally obtained evidence, what are the legal ethics implications for you as an attorney? Listen as our panel of experts analyzes the current (and ever-evolving) state of legal affairs when spouses spy on one another in a contentious situation.

Key topics to be discussed:

•   How do the federal statutes governing interception of electronic and telephonic communications impact evidence of spousal misconduct that is obtained by a client in a divorce case?
•   What factors can guide counsel in determining whether or not to use the evidence?
•   What are the implications for clients and counsel concerning improper self-help surveillance evidence?
•   How should practitioners’ approach “smoking gun” evidence that may have been illegally obtained?

Date / Time: April 2, 2021

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 Business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: October 14, 2020

David Wilkinson | co-founder of Wilkinson & Finkbeiner, LLP

Mr. Wilkinson is an expert in Family Law as he is a Certified Family Law Specialist. David is also a Fellow in the American Academy of Matrimonial Lawyers (AAML) and a Super Lawyer – Rising Star. David received his Bachelor of Arts degree in Business Administration from the University of Washington, one of the highest ranked undergraduate business schools in the United States, where he was awarded membership to the National Dean’s List. Mr. Wilkinson received his Juris Doctor degree from California Western School of Law School, where he received the highest grade in both Contracts II and Arbitration Law and graduated in the top one-third of his class. David practices family law exclusively for the firm, handling all facets of the practice area, from straightforward negotiation and preparation of pleadings to complex litigation. David has previously represented small and large asset clients in all type’s family law matters. While the Wilkinson & Finkbine, LLP philosophy adheres to a settlement-as-a-first-option, litigation-as-a-final-option mentality, several recent cases handled by David evidence the broad range of his competence in both regards.

David is also an experienced mediator and settlement coordinator for divorce and other family law cases. David has tried and successfully argued countless family law matters with high-value property valuation and property issues, dealing with multimillion dollar real estate, dividing stock, stock options, and restricted stock units, and dealing with extremely high income levels as it relates to spousal support.* David has also helped hundreds of wonderful clients with “normal” lives, providing a wide range of representation services to meet every client’s budget and time constraints.David is active in the community serving as a Lawyer of the Day and assisting new attorneys with “how to” run their practices. David currently serves as a panel referral member of the Boston Bar Association and Bristol County Bar Association and formerly a volunteer for the Legal Aid Society. Previously, David served as a supervising attorney for the California Western School of Law and University of California San Diego joint collaborative legal-medical Community Law Project and received the Judge Judy Keep Award for his outstanding service. David is also a member of the Association of Family & Conciliation Courts (AFCC).David regularly teaches other attorneys on various issues relating to family law practice, such as the Boston Bar Association’s “Technology & Divorce: Helpful Tips for Family Law Practitioners” (2016). David is a frequent lecturer for a nationwide continuing legal education seminar entitled, “Electronic Spying: What’s Legal in the Digital Age in Divorce” (Strafford 2018, 2020; MylawCLE 2020). He was also a guest speaker at the U.S. Navy’s Fleet and Family Support Center. Having litigated so many family law cases over so many years, David always strides to provide help to family law litigants and the family courts whenever possible. To help expedite child custody modification proceedings, David also drafted the current pending legislative bill, H.3390, An Act to Expedite Care and Custody of Minor Children Modification Proceedings, which was filed by Massachusetts House Representative Christopher Markey. Finally, outside of the practice of family law, David spends all his time with family including spending quality time with his two young children. He relocated from California to Massachusetts with his family in the past several years and continues to expand the firm with offices in New Bedford and Hingham, MA in the South Coast as well as in downtown Boston.*Mr. Wilkinson’s successes in these cases creates no guarantee of success in any other case.
Christina Djordjevich | Walzer Melcher LLP

Christina is a skilled litigator with substantial experience in both family law and commercial litigation. Prior to joining Walzer Melcher, Christina was an associate at a leading New York family law firm, where she worked on a variety of matters involving complex financial and custody issues. Before turning her focus to family law, Christina was a litigation associate at Mitchell Silberberg & Knupp LLP and Latham & Watkins LLP.Christina received her Juris Doctor from Columbia Law School, where she was a Harlan Fiske Stone Scholar and an editor of the Columbia Journal of Law and the Arts. She received her B.A. in Political Science, magna cum laude and with Departmental Honors, from Barnard College, Columbia University. Christina was selected as a Super Lawyers “Rising Star” in New York from 2013 through 2017. Christina is currently a Vice Chair of the International Family Law Committee of the American Bar Association Section of International Law. She is licensed to practice law in both California and New York.
Henry S. Gornbein | Cronin Law Firm

Mr. Gornbein practices exclusively in matrimonial law, including divorce, child custody, pre-and postnuptial agreements, and paternity. He also practices collaborative law and is frequently appointed to mediate and arbitrate domestic relations matters. Mr. Gornbein is a former chair of the Family Law Section and a former member of the Representative Assembly of the State Bar of Michigan. He is a fellow of the International Academy of Matrimonial Lawyers and the American Academy of Matrimonial Lawyers (AAML), a past president of the AAML’s Michigan chapter and a former chair of the Long-Range Planning Committee of the national AAML. Mr. Gornbein is a past president of the Michigan Inter-Professional Association on Marriage, Divorce, and the Family (MIPA) and is a member of the Family Law Sections of the American and Oakland County Bar Associations. A frequent author and speaker, he is the author of the book “Divorce Demystified: Everything You Need to Know Before You File for Divorce,” writes a monthly column, “Case of the Issue,” for the “Michigan Family Law Journal.” He is also cowriting an upcoming book, Child Custody: A Complete Guide For Parents, with Dr. Jack Haynes, PhD. This book explores all of the issues regarding child custody from legal and psychological perspectives. Mr. Gornbein is the founder, owner, and legal editor of the websites www.familylawformichigan.com and gracefullygreying.com He has been a frequent contributor as a podcaster on DivorceSourceRadio.com. He is the host, producer, and creator of the award-winning cable television show, “Practical Law”, which has won three Philo Awards. Mr. Gornbein has been a frequent blogger for the Divorce Section of the “Huffington Post” as well as Divorce Magazine. He has created the streaming video series, Gracefully Greying, where he is exploring issues that we all face as we are gracefully greying or have aging parents from legal, economic, medical, social and psychological perspectives. Gracefully Greying is available on the Henry Gornbein YouTube Channel as well as at Bloomfieldcable.org. He is also the recipient of the Oakland County Bar Association Professionalism Award and has served on the board of directors of Catholic Social Services of Oakland County and Jewish Family Services of Oakland County. He was one of the original members and a past president of The Sanctuary which is now merged with Common Ground.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states except, ME, VA, and WV. Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

    Automatic MCLE Approvals

All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AR, CA, CT, FL, HI, ME, MO, MT, ND, NH, NM, NJ, NY and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)

    Live Video Broadcasts

Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, and LA —these states require in-person attendance to qualify for “Live” CLE credit.

    “Live” Re-Broadcasts

“Live” Re-broadcasts are replays of previously recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, and LA]

Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, NJ, and NY. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.