Reading the suit, a lot of the evidence that Tilenius recruited Bedier was based on the content of Facebook messages and text messages. Anyone know how they got access to these supposedly private communication?
Case in point:
"Tilenius reached out to Bedier by text message and again attempted to change his mind. On or about December 3, 2010,
Tilenius messaged Bedier, “I still feel like I am missing something, for example what if we increased your offer, would that change things?"
If these communications occurred from within Paypal's coporate network or using Paypal equipment they could have been gathered using employee spying systems that they might have in place.
Not sure about paypal but I'm a lawyer at at a publicly traded financial services company and all communications on company blackberries (bbm, sms) automatically get logged along with all emails. All of these communications are searchable via a system we use for discovery during litigation.
The law isn't the employee's friend here...employees have no reasonable expectation of privacy on company devices.
IIRC, BlackBerry phones can be managed remotely. A nice use case for this feature is to shut down and wipe a stolen/lost phone with confidential information on it. I also believe that data (call log, text messages) can be retrieved remotely. I'm going out on a limb here in saying this, so I'll go look for something to cite.
EDIT: BlackBerry Enterprise Service is what I was thinking of. There's a least one tool that you can use with BES, Retain by GWAVA, that will track and store your employee's text message.
Case in point: "Tilenius reached out to Bedier by text message and again attempted to change his mind. On or about December 3, 2010, Tilenius messaged Bedier, “I still feel like I am missing something, for example what if we increased your offer, would that change things?"