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AllianceBernstein Can't Have Ex-Adviser's IPhone, Court Says

Law360, New York (November 15, 2012, 7:20 PM EST) -- A former AllianceBernstein LP financial adviser accused of stealing trade secrets when he left for Morgan Stanley doesn't have to turn over his personal iPhone to his old employer's attorneys because it could contain confidential information, a New York state appeals court ruled Thursday.

A lower court judge was wrong to force William Atha to hand the entire smartphone over to AllianceBernstein's legal team, the appeals court said, because the discovery order would give the wealth management firm far more information than just call logs it was seeking.

“Ordering production of defendant’s iPhone, which has built-in applications and Internet access, is...

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