Trade Secrets: Voicemail Sinks Case

Law.com reports that a California trade secrets case may have been lost by one party's lawyers leaving a message on the other parties' voicemail.

In Jasmine Networks Inc. v. Marvell Semiconductor Inc., S124914, Marvell attorneys had argued Jasmine wasn't entitled to use a voice mail that Matthew Gloss -- Marvell's former general counsel -- and two colleagues had inadvertently left on the telephone of Jasmine's top lawyer. Jasmine wanted to introduce the voice mail as evidence that Marvell was planning to steal Jasmine's trade secrets.

The California Court of Appeals ruled against Marvell and the California Supreme Court ordered the case back to the Court of Appeals.

Be very careful not only about what you say but where you say it - digital recording can be evidence.