Analysis

NJ Wiretap Ruling Opens Discovery Door, But Cautiously

Law360 (April 4, 2018, 8:13 PM EDT) -- The New Jersey Appellate Division's recent published decision allowing evidence obtained through wiretapped conversations to be used in civil lawsuits opened up a new discovery frontier in the Garden State, although litigants will still have to overcome privacy concerns, according to former prosecutors.

A three-judge panel's March 20 ruling that the estate of deceased mobster Frank Lagano showed good cause for unsealing the wiretaps used by law enforcement in the investigation leading to his 2004 arrest on racketeering charges connected to an illegal gambling ring is a potential "game changer" because surreptitiously recorded conversations are automatically sealed, according to McCarter &...

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