Kenneth Ellman

During the litigation with Jason Silverglate  and his Internet business where Net Access Corporation and Kenneth Ellman were Defendants,  Discovery  Demands were made by me. These Discovery Demands revealed that Jason Silverglate  had  recorded many conversations and settlement discussions without our knowledge. To my understanding in the State of New Jersey, as long as one party to the conversation knows and approves of the recordings, it is legal to make them. So our permission or knowledge was not required. This authority to make and use  recordings varies from State to State. Our Document Demands caused Jason Silverglate to produce  these  recordings. This is documented in the public Trial Court Record of the proceedings and in the Appellate Division public record.

One of the  recordings produced included his discussions with his then attorney from  the Podvey  Law firm in Newark, NJ.  Apparently Jason Silverglate   recorded not just us as his adversary but his conversations with his own attorney.  The attorney client conversations were produced and used by us during the litigation.  The discussion between Jason Silverglate and his attorney relating to the Security Agreement  is very revealing.

In is an interesting attorney client conversation, which had extensive Court filings.

Many other parts of this multi year  litigation are  posted here, including the Opinion from the New Jersey Appellate Division. All documents are from the Public Court Record.

The actual  recording is available to hear by clicking below. There is also another part of the recording which will be posted.

A transcript from Motion practice in the Court proceedings is also available here.

The legal issues of using a recording of an attorney client conversation in litigation is another interesting aspect of this case.  Of course the recording was made and disclosed by the client.

The above is my personal Opinion only.  You must listen and make your own conclusion.

The recording speaks for itself. Click on the below link to play recording, Part 2.

Kenneth Ellman, email:ke@kennethellman.com

Phone Conversations pt.2 Jason Silverglate, University Communications, Pegasus