law firm papers focus in case of Diebold information leaked to writer

[Algorem]

Jones Day papers focus of theft case
Diebold information leaked to writer

Monday, April 24, 2006

http://www.cleveland.com/business/plaindealer/index.ssf?/base/business/1145867701235570.xml&coll=2

Alison Grant
Plain Dealer Reporter

A criminal case involving Cleveland law firm Jones Day, Summit County voting machine maker Diebold Inc. and an obscure, part-time Hollywood actor is expected to unfold in a Los Angeles courtroom today.

The actor, Stephen Heller, has been charged with felony theft of confidential records from a Jones Day office where he was temping in 2004.

Heller is alleged to have given the records to an investigative writer who had just published a book saying Diebold had installed uncertified voting systems in California. A copy of the records landed in the hands of an Oakland Tribune reporter who used them to report embarrassing details about Diebold's hasty use of uncertified software with its machines.

The prosecution of Heller has raised eyebrows because it is unusual to bring criminal charges in a case like this. Critics say Heller qualifies as a whistleblower who should be protected. Jones Day scoffs at that, saying Heller stole its legal papers and moreover broke a confidentiality pledge he signed when he started at the law firm. The firm also says it's important to defend attorney-client privilege, which it says Heller violated...

[elehhhhna]

1. IIRC, you ony get whirstblwer protcetion if you declare it before you

spill the docs. True?

[Land Shark]

2. Heller doesn't owe duty under attorney client privilege cuz he's no atty!

only very indirectly could they make the case that he knew of some duty of the ATTORNEYS because he was instructed to follow those orders.... possibly the result is different under CA law but bar associations only regulate bar members.

[iconoclastNYC]

3. Who has his back?

Is there a fund?

Funny how the GOP payed 1.5 million to defend that Tobin guy (phone jamming case) up in NH..... hope the good guys Heller's back.

[melissinha]

4. Clear case of whistle-blowing

I am sure every employee everywhere signs some sort of confidentiality agreement, so let me get this straight... so long as a company makes its employees and temporary employees sign confidentiality agreements, they can break the law with no fear of retribution?



BESIDES, the information he leaks sounds like information that should be public anyways.

[patriothackd]

5. Legal defense fund

http://www.hellerlegaldefensefund.com