Criminal Law Electronic Discovery

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SDNY Judge Orders Microsoft to Produce Emails Stored Abroad

Chief Judge Loretta A. Preska of the U.S. District Court for the Southern District of New York affirmed Magistrate Judge James C. Francis IV’s opinion and ordered that the U.S. Department of Justice (DOJ) could compel...more

Second Circuit Finds Fourth Amendment Violation in Law Enforcement Retention of Computer Files Not Within Scope of Search Warrant

On June 17, 2014, the United States Court of Appeals for the Second Circuit issued a significant Fourth Amendment decision in United States v. Ganias. The decision is premised on the well-established notion that, because of...more

What’s in Your Wallet? Who Cares—What’s in Your Cell Phone Is More Important!

The United States Supreme Court has tackled the issue of cell phone privacy and ruled that data is different from other forms of technology. In late June, the Supreme Court issued an opinion: those of David Riley, a...more

Status Updates - July 2014 #3

..A relatively new site called Wanelo combines the features of a social media site and an e-commerce site by permitting users to “save” products that they are interested in, and showing them to their online friends. The site...more

Massachusetts High Court Permits Compelled Decryption of Seized Digital Evidence

Today, in Commonwealth v. Gelfgatt, No. SJC-11358 (Mass. June 25, 2014), a divided Massachusetts Supreme Judicial Court held that under certain circumstances, a court may compel a criminal defendant to provide the password to...more

The Long Arm of E-Discovery Stretches Overseas

Earlier this year, Kazuaki Fujitani, the general manager of a Japanese company’s sales division, pled guilty to obstruction of justice for destroying numerous e-mails and other documents in a federal investigation by the...more

Microsoft Mail and the 4th Amendment: Do Any of Us Seriously Think We Have a Right Not to Have Email Seized as Possible Evidence?

A perspective on the recent Fourth Amendment and privacy considerations raised by Judge James C. Francis' recent Memorandum and Order: 'In The Matter Of A Warrant To Search A Certain E-Mail Account Controlled And Maintained...more

Business Litigation Alert: "Did They Really Say That?"

E-Mails Continue to Be the Modern "Smoking Gun" - The recent financial-collapse and bankruptcy of former mega-law firm Dewey & LeBoeuf has captivated the attention of the legal industry, but are there lessons to be...more

Access to Cellular Phone Records by Defense Counsel

In many criminal cases, cellular telephone records are an invaluable resource. These records may shed light on whether an alleged victim or witness communicated with someone of importance in a case, and when. There are...more

Top 5 Ediscovery Case Summaries - December 2013: Michigan: Court Allows the Production of Police Report Metadata to Criminal...

United States v. Tutt, 2013 WL 5707791 (E.D. Mich. Oct. 21, 2013). In this criminal case, the court granted the defendant’s subpoena duces tecum for the production of the arresting officers’ personnel files, internal...more

Discovery Evolutions Hold Promise for Greater Privacy Benefits for Litigants

For most civil litigants, discovery is an unprecedented invasion of privacy. Private letters, notes to one’s self, off-the-cuff emails, financial details and transactions, photographs, and all other forms of memorializing...more

October 2013 Bonus Case Summaries: New York: Commonly Occurring Incidents Trigger a Duty to Preserve

Taylor v. City of New York, 2013 WL 4744806 (S.D.N.Y. Sept. 4, 2013). In this criminal law case, the plaintiff moved for sanctions for spoliation of video footage of a fight between prison inmates. ...more

October 2013 Bonus Case Summaries: Louisiana: Guilty Plea to Destruction of Evidence Results in Soft Treatment

United States v. Halliburton Energy Services, Inc., No. 2:13-cr-00165-JTM-KWR (E.D. La. Sept. 19, 2013). In this criminal law case, the Justice Department accepted the defendant’s guilty plea for “unauthorized destruction...more

Cyber-Bullies Charged With Distributing Child Pornography In Canada

In April 2013, Rehtaeh Parsons died after her parents took her off life support following a suicide attempt after months of enduring cyber bullying. The harassment was the result of a photo depicting Parsons allegedly being...more

BB&K Police Bulletin: Warrant to Search Electronic Records - Court Upholds Search of Computer and Storage Devices for Child...

Overview: The Ninth Circuit Court of Appeals recently found that probable cause supported a warrant authorizing the electronic search of computer equipment and digital storage devices belonging to a suspected child...more

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

Top 5 Ediscovery Case Summaries – May 2013: Illinois - Court Looks to Circumstantial Evidence to Rely on Evidence from MySpace

People v. Kucharski, 2013 WL 1281844 (Ill. App. 2nd Dist. Mar. 29, 2013). In this harassment through electronic communications case, the defendant allegedly posted lewd comments and offensive remarks on the victims...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

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