Criminal Law › Electronic Discovery

Can the Government Search Your iPad or iPhone at the Border?

Can the United States search your laptop, camera, iPhone/iPad, or other devices at the border? Read this article on the Fourth Amendment rights and exceptions....more

New York’s Two Prong Analysis For Production Of Social Media

Last month, we summarized the N.Y. Supreme Court case, Fawcett v. Altieri, which involved the production of electronically stored social media content. What the post did not address, however, was the simple two prong analysis...more

Vermont Issues Significant eDiscovery / Fourth Amendment Decision

In civil litigation, eDiscovery disputes hardly ever rise to the level of constitutional importance. But in the criminal arena, the rules are different....more

Employee email – neither private nor privileged

Employees should be put on notice – there is no special privacy protection for email sent or received using an employer’s devices....more

Cybercrimes and the Workplace

This article discusses that, in addition to civil liability that employment lawyers tend to be alert for in departing employee scenarios, departing employees can also be criminally liable for theft, misappropriation, or other...more

Twitter Responds to Criminal Judge’s Decision to Deny a Defendant’s Motion to Quash Subpoena on Third Party Website

The People of the State of New York, v. Malcolm HARRIS, –N.Y.S.2d–, 2012 WL 1644956 (N.Y. City Crim.Ct. May 7, 2012) On May 15, 2012, we discussed a New York criminal court’s decision to deny Defendant Malcolm Harris’...more

McAfee & Taft RegLINC - May 2012: First criminal charges filed in Deepwater Horizon spill by Chris Paul

A former engineer for BP has been arrested and charged with obstruction of justice for deleting text messages related to how much oil was flowing into the Gulf of Mexico from the Deepwater Horizon spill in the spring of 2010....more

Nevada Supreme Court Rules on Admissibility of Text Messages

On April 5, the Nevada Supreme Court held that a lower court abused its discretion when it admitted text messages absent sufficient evidence corroborating the identity of the sender. Rodriguez v. Nevada, No. 56413, 2012 WL...more

New Federal Guidelines Promote Uniform Treatment of E-Discovery in Criminal Proceedings

The Department of Justice (DOJ), the federal courts, and the criminal defense bar have developed a set of guidelines that appears to be a major step towards uniform treatment of e-discovery in federal criminal...more

Responding to Comprehensive Financial Fraud Enforcement Efforts

When the President of the United States highlights an enforcement initiative in the State of the Union Address, as he did on January 24, 2012, it likely is a strong indication of things to come. And action was swift....more

Social-Networking Evidence Ira P. Robbins American University - Washington College of Law

This Article addresses the evidentiary hurdle of authenticating social-networking evidence, a novel legal issue confronting courts today. The Article explains and critiques four approaches used by different jurisdictions,...more

Spoliation of ESI Risks Criminal Prosecution

A prime topic for discussion at the Executive Counsel eDiscovery briefings continues to be the interaction between the various Electronic Discovery (“eDiscovery”) process stakeholders. Effective collaboration is needed among...more

Court Orders Government to Produce Electronic Data in Usable Form; Recognizes Need for E-Discovery Rules in Criminal Cases

Affirming that issues concerning electronically stored information (ESI) are confined neither to civil matters nor private-party litigants, a federal district court this month ordered prosecutors to reproduce discovery in a...more

Good-Faith Rule Applies to Document Destruction

Big cases can turn on a little rule of evidence called spoliation. The rule recognizes that a trial court has the inherent authority to sanction a party for destroying, altering, or failing to preserve property that the...more

Privacy? You Don't Got No Stinkin' Privacy!

When someone subpoenas subscriber information from an internet service provider, does the subscriber have an expectation of privacy? In California, at least, the answer seems to be: No. In People v. Stirpo, (Second District...more

Securities Litigation Report - Volume 8, Issue 4 - April 2011

In this issue: The Vivendi Ruling: Revisiting Three Key Issues (and Adding Two More); Delaware Chancery Court Update: Recent Decisions Shed New Light on Stapled Financing Offered by Financial Advisors, Duties of Directors...more

Hacking of CBI Website

Cyberspace-A new front of war

The incidents of war happened in the real world is mirrored in cyber space, given the recent incidents of hacking of government websites by state or non state group of hackers for political, military, espionage purposes. As...more

Professional Driver's Career Saved - DUI Newsletter

The Courtroom and DMV generally represents a hostile environment to the needs of persons accused of a DUI. This is particularly true for persons whose careers depend on maintaining a valid driver's license. A commercial...more

Advocate's Edge

Our bi-monthly newsletter for attorneys featuring articles re: ACFE report highlighting the importance of antifraud controls; Authentication issues: Who creates ESI; Rule 26 Amendments extending greater work product...more

Finding Guidance on Electronic Discovery from the Court

Despite the ubiquity of electronic discovery issues since the inception of the electronic age, courts historically have provided counsel with little guidance regarding discovery duties and sanctions upon lapse of those...more

Corporate Fraud - Essentials of an Anti Fraud Program

The good news is that, motivated by concern—even fear—of being victimized by fraudsters whose exploits have been gaining increasing media attention in recent years, many organizations are finally investing in the...more

Kerviel and the Société Générale trading case: some thoughts about governance, risk, compliance … and the banking world

6 October 2010 –Former Société Générale trader Jérome Kerviel was found guilty of breach of trust, computer abuse and forgery by a Paris court on Tuesday for his role in a trading scandal that cost the bank close to €5bn...more

Victor Stanley v. Creative Pipe: New Breakthrough Opinion Sheds Light on Serious Dangers of Destroying Electronic Evidence

A Magistrate Judge for the U.S. District Court in Maryland imposed heavy sanctions on a litigant last week after finding he had intentionally destroyed electronic evidence in defiance of repeated orders not to do so. In an...more

The Société Générale/Jérôme Kerviel trial: issues of e-discovery and forensics plus governance, risk and compliance [UPDATED]

Reported by: Darius Champion, special correspondent to Project Counsel and Gregory P. Bufithis, founder and chairman of Project Counsel 23 June 2010 — We have had the good fortune these last two weeks to be following the...more

United States v. Maynard, 615 F.3d 544 (Ct. App. D.C. 2010)

Opinion of the Court, Ginsburg, Circuit Judge

This decision is the subject of the grant of certiorari by the United States Supreme Court in United States v. Jones, 10-1259. Maynard and Jones were co-defendants. All legal issues have either been resolved or abandoned...more