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CONFIDENTIAL

Nov. 9, 2004

Torts
Constitutional Law
Internet

Confidential

Settlement –  $100,000

Judge

Jeremy D. Fogel

Court

USDC Northern


Attorneys

Plaintiff

William F. Taylor


Defendant

Susan E. Kabanek


Facts

Diane Tran worked for Lehrer Management Company Inc., a financial company in Cupertino, as an administrative assistant. Part of her job involved the use of a personal computer, which she also used for personal purposes, including accessing private e-mails through her Yahoo account and using electronic AOL Instant Messaging. Lehrer installed a program called "eBlaster" on Tran's computer in August 2002. The program captures every keystroke made on the computer, formats the data into a standard report form, and forwards the reports to an e-mail address designated by the installer. Tran alleges she found out about the installation after a stranger to whom the reports had inadvertently been forwarded contacted her to warn her. Tran voluntarily resigned to take another job with a different employer on Sep. 27, 2002.

Settlement Discussions

The plaintiff demanded $365,000. The defendant offered $5,000.

Injuries

Invasion of privacy and emotional distress.

Other Information

The case settled for $100,000 after mediation with Thomas H.R. Denver.


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