Civil Procedure Privacy Criminal Law

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How to Respond To Third Party (Non-Government) Civil Subpoenas And Document Requests That Ask For Personal Information

Litigants in a civil dispute often use subpoenas, subpoenas duces tecum, and discovery requests to obtain personal information about individuals who may not be present in the litigation. A request for documents and...more

Did You Search Your Jurors’ Social Media? There Are Rules

If you represented a large corporation or a wealthy individual, wouldn’t you want to know if your prospective jurors were campaigning for Bernie Sanders on Facebook? Or how about criminal prosecutors who might want to know if...more

California Appellate Court Holds Police Video of Arrest Not Protected Under Pitchess

Only a Record Generated as Part of an Internal Investigation is Protected by Pitchess - The California Court of Appeal has ruled in City of Eureka v. Superior Court (Greenson) that a police “dash cam” video of an...more

Second Circuit: Stored Communications Act Warrants Cannot Reach Overseas Data

On July 14, 2016, the Second Circuit Court of Appeals determined that a warrant issued under the Stored Communications Act (SCA) is subject to the same territorial restrictions as a traditional warrant: the government’s reach...more

English court compels investigators to disclose information on data protection grounds

The High Court has ruled that a company conducting an investigation may be compelled to give effect to requests for information made under data protection legislation. The case serves as a stark reminder that data protection...more

DOL Persuader Regulations Expose Every Employer to Reporting Requirements and Disclosures

All employers should examine their use of labor and employment service providers to mitigate unwanted disclosure of fees paid to such providers. To protect confidentiality and the integrity of the attorney-client...more

Chinese National Pleads Guilty To Conspiracy To Commit Cyber Theft Of Export-Controlled Technology

On March 23, 2016, U.S. law enforcement authorities announced that Su Bin, a citizen of the People's Republic of China and a resident of Canada, pleaded guilty to conspiracy to violate the Arms Export Control Act, the...more

Rival Court Decisions Reflect Shifting Views on Privacy in Public

With the spotlight on one high-profile battle that pits privacy rights against public safety interests, another crucial, similar dispute is making its way through the courts. How to evaluate new technology and its potential...more

U.S. v. Microsoft – What you need to know about one of the most important privacy cases of the decade

The U.S. Court of Appeals for the Second Circuit has in its hands one of the most closely-watched privacy cases in recent memory. U.S. v. Microsoft addresses an issue of critical importance to U.S. businesses — whether...more

Flying Witnesses: Admissibility of Drone-Gathered Evidence in Florida

Unmanned flight isn’t new, nor is aerial photography. Hobbyists have been rigging cameras to model airplanes since long before the word “drone” became commonplace. What’s new is the proliferation of massproduced, inexpensive...more

Irresponsible to Criticize Judge Who Ruled Correctly

As lawyers, we frequently disagree with the decisions of judges. The federal and state constitutions protect our right to express our disagreement and provide a mechanism to appeal decisions. Judges have no control over which...more

Will The CFAA, An Old Anti-Hacking Law, Apply To Password Sharing?

David Nosal, an ex-employee of Korn Ferry International (“KFI”), convinced some of his former colleagues to download source lists from KFI using their log-in credentials and the log-in credentials of another employee. In...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19253 - RBC Nice Bearings, Inc. v. SKF USA, Inc. [An important decision on contract waiver but one all attorneys should recall from the UCC or Contracts course we took...more

Does Sharing Work Product with the Government Always Waive that Protection?

For decades, companies trying to cooperate with the government have hoped for a change in the general rule that disclosing privileged communications and/or work product to the government waives those protections. In nearly...more

Court of Chancery Explains Jurisdiction Despite Declaratory Judgment

It is often contended that the availability of a declaratory judgment in Superior Court to determine the parties’ rights may deprive the Court of Chancery of jurisdiction to grant an equitable remedy such as an injunction....more

Telephone Surveillance Hang-Ups: Second Circuit Asks Parties in ACLU v. Clapper to Brief Whether the USA Freedom Act Moots...

Not long after striking down the National Security Agency’s telephone surveillance program in ACLU v. Clapper, the Second Circuit is asking the parties to assess whether recently passed federal legislation has rendered the...more

Self-Help Discovery Does Not Immunize Employee from Prosecution, Says NJ Supreme Court

On June 23, 2015, the New Jersey Supreme Court ruled that Quinlan v. Curtiss-Wright Corporation, 204 N.J. 239 (2010), does not bar criminal prosecutions arising from an employee’s removal of confidential company documents to...more

New Jersey Supreme Court Confirms Aspiring Whistleblowers Can’t Help Themselves to Confidential Documents

In a pivotal decision with broad implications for aspiring New Jersey whistleblowers, yesterday the New Jersey Supreme Court affirmed the Appellate Division’s finding that no qualified privilege exists to protect an employee...more

Supreme Court Strikes Down Law That Required Hotels To Comply With Warrantless Police Requests For Guest Registries

On June 22, 2015, in a 5-4 ruling, the U.S. Supreme Court in City of Los Angeles v. Patel struck down a Los Angeles Municipal Code that required hotel operators to provide guest registries to police upon demand, and without a...more

The USA FREEDOM Act Heightens the Need for Carriers to Examine their Data Retention Practices

On Tuesday, June 2, 2015, Barack Obama signed the USA FREEDOM Act into law. Among other reforms, the USA FREEDOM Act adopts a series of modifications to federal foreign intelligence gathering statutes and procedures to...more

Locke Lord QuickStudy: SJC Adopts New Lower Standard for Motions to Seal Criminal Records

The Supreme Judicial Court (SJC) recently revisited a nearly 20 year old opinion that imposed an onerous burden of proof on former defendants trying to seal their criminal records in the Commonwealth. Previously,...more

International Fraud & Asset Tracing (3rd Edition), France

In this Guide: - Introduction - Managing the Internal Investigation - Disclosure from Third Parties - Steps to Preserve Assets/Documents - Civil Proceedings - Anti-Bribery/Anti-Corruption Legislation -...more

Kight vs. CashCall – raising the bar for certification in call recording class actions

The California Invasion of Privacy Act, Penal Code sections 630 et seq. (CIPA) is only a credible threat if plaintiffs can achieve class certification. Otherwise, the case is nearly valueless, and will fall to the curb in no...more

Can the NSA Legally Collect Telephone Metadata?

Earlier this month the Ninth Circuit Court of Appeals became the third federal appellate court this year to hear argument on the legality of the NSA’s bulk collection of telephone metadata....more

High Price Paid for Errors in Disclosure: Court of Appeal Permits use of Inadvertently Disclosed Privileged Documents

In Rawlinson and Hunter Trustees S.A. & ors v Director of the Serious Fraud Office [2014] EWCA Civ 1129, 31 July 2014, the Court of Appeal held that the inadvertent disclosure of a privileged document must be an obvious...more

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