I tend to agree with the general consensus here that proper safeguards were not put into place to secure the data and thereby it will be hard to prove that the data was intended to be confidential. I've read a couple cases like this in my law class when I was in University and unless a criminal act was involved to obtain the material (doesn't seem so here), then I don't think this will stand up in court. Of course, I'm not an attorney and this is just my opinion.
On the flip side, its quite clear fris knows his stuff so if fris and brad can work out their differences, I think hiring fris to secure the rest of your company might not be a bad idea. Granted its not the best way to hire someone, but look at Kevin Mitnick now. In a way its like an audition for a job, just not the best way to get it.
WG
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I play with Google.
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