Former U.S. Attorney v. Angry Estranged Husband
(And some reflections on reputation in the internet age.)
Thomas O’Brien is the former U.S. Attorney for the Central District of California. He recently joined Paul Hastings, which trumpeted his arrival in a press release. Tom O’Brien is a public figure — he used to be the top federal prosecutor in Los Angeles, nominated by the president and confirmed by the Senate — so he’s used to a little public scrutiny.
But O’Brien couldn’t have been prepared for what happened when his girlfriend’s estranged husband took an unauthorized stroll through her email inbox. The husband found emails between O’Brien and his wife, and they didn’t make him happy.
Instead of handling the situation like a rational adult, the husband — we’ll call him “Ken” — decided to bombard the professional networks of both O’Brien and his wife (also an attorney) with the “pillow talk” emails he discovered. Ken attempted to cast the relationship between O’Brien and his (Ken’s) wife as an affair.
This is not the first time such a thing has happened. Back in 2008, the New York Times reported on a husband’s similar vendetta against a successful Wall Street banker, carried out online. Earlier this year, as Above the Law readers may recall, a cuckolded husband emailed sexting messages between his wife and a White & Case attorney to all of the lawyers at White & Case in Miami.
Ken took this aggressive strategy one insane step further, apparently emailing every lawyer he could think of. You may have already received Ken’s emails, especially if you’re in California, from Ken himself or via email forward.
Is spamming an entire professional network the new revenge of the spurned lover? Are lawyers, as members of a profession that is surprisingly small and highly reputation-conscious, especially vulnerable to this tactic? Does this approach actually work?
After the jump, let’s look at the offense and the (over)reaction.






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