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New Private Privacy Intrusions During Prelitigation Civil Claim Investigations, Jeffrey A. Parness
New Private Privacy Intrusions During Prelitigation Civil Claim Investigations, Jeffrey A. Parness
Northern Illinois University Law Review
In Lawlor v. North American Corporation of Illinois, 2012, IL 112530, the Illinois Supreme Court first recognized the intentional tort of intrusion upon seclusion. It then applied the tort in favor of a former employee against a former employer whose agents deceitfully investigated the employee in contemplation of future civil litigation. In Lawlor, the employer’s lawyer was also involved in the investigation. Under certain circumstances, under the Lawlor rationale, that lawyer could also be liable in tort to the former employee. Lawyer liability after Lawlor could be founded on either the intentional or unintentional acts of either the lawyer or …