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Senate Considers Potential Changes to ECPA to Ease Access to Electronic Data Across Borders

Terrorist attacks, most recently in London and Manchester, England, have raised the pressure on law enforcement and lawmakers in countries like the U.K. and the U.S., to proactively intercept and interrupt terrorist...more

One Month to Better Investigations and Reporting-Day 10-Best Practices in a Cross-Border Investigation

by Thomas Fox on

Description: Mara Senn and a colleague, Michelle Albert, published in the FCPA Report, Volume 3, Number 1, entitled “Internal Investigations, How to Conduct an Anti-Corruption Investigation: Developing and Implementing the...more

English Court Questions the Application of Litigation Privilege in Criminal Investigations

On 8 May 2017, the English High Court of Justice handed down judgment in The Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd,1 which could significantly limit the application of litigation...more

WannaCry Malware and Medical Device Security

by Knobbe Martens on

The WannaCry virus has infected and frozen computers in many industries around the world. According to a news source report, the virus has extorted doctors and hospital administrators for the keys to unlock and regain access...more

Ransomware Attack – Quick Facts

By now, you may have heard about the global ransomware attacks affecting health care and other organizations throughout the world, in particular the United Kingdom, but also in the United States. The ransomware variant,...more

WannaCry Ransomware Attack Updates — Europol Says “Patch Before Monday”

UPDATE: Europol chief Rob Wainwright told the BBC, “Companies need to make sure they have updated their systems and ‘patched where they should’ before staff arrives for work on Monday morning.” By now, you may have...more

Blurring The Line Between Foreign and Domestic: The Expansion of Search Warrant Powers Overseas

A dispute in California federal court over whether Google must turn over documents stored overseas in response to a search warrant may have major implications for white collar practitioners and their clients. Last week Google...more

Everything Compliance-Episode 10, the first 100 Days of the Trump Administration-Part I

by Thomas Fox on

This episode is the first of a two-part series of podcasts dedicated to the chaotic (at best) first 100 days of the Trump administration as it related to compliance. This episode includes Jonathan Armstrong and Jay Rosen. The...more

FCPA Compliance Report-Episode 326, Paula Long On The Intersection Of Data Security And Compliance

by Thomas Fox on

In this episode I caught up with Paula Long, founder and CEO of DataGravity, Inc. at the recently concluded Collision 2017 Conference. Paula has worked in the data and information space for over 30 years and now helps...more

Digital Divide Deepens: Tech Community Backs Second Circuit in Clash with Magistrates over Reach of U.S. Warrants

The technology community took aim at a recent federal magistrate’s ruling that ordered Google Inc. to comply with search warrants seeking customer emails stored on servers abroad, calling the decision “an impermissible...more

Tech Rally – Industry Giants Back Google's Play to Protect Data

by Bracewell LLP on

On March 10, 2017, Google Inc. filed its objection to a Pennsylvania magistrate judge's order to comply with search warrants and turn over personal user data partially stored on foreign servers abroad. A number of technology...more

Privileged information is generally safe from Subject Access Requests

by White & Case LLP on

Subject Access Requests ("SARs") are an increasingly popular weapon in litigation, because they can be used to provide a cheap and quick form of pre-action disclosure. However, courts have confirmed that information subject...more

US Magistrate Judge Upholds Search Warrants for Google Data Stored Overseas, “Shards” and All

by Latham & Watkins LLP on

Another front recently emerged in the legal battle over whether US law enforcement authorities can use a search warrant issued under the Stored Communications Act (SCA) to obtain data stored overseas. Until now, the battle...more

Litigation Alert: Pennsylvania Court Holds Google Must Produce Emails Stored Overseas

by Fenwick & West LLP on

Last week, in In re Search Warrants Nos. 16-960-M-01and 16-1061-M to Google, a federal magistrate judge in the Eastern District of Pennsylvania ordered Google to comply with three search warrants to turn over users’...more

Sharply Divided Circuit Denies Government’s En Banc Petition In Microsoft Appeal

In July 2016, the Second Circuit ruled that the Government could not employ a domestic search warrant, issued pursuant to the Stored Communications Act, 18 U.S.C. § 2703 (the “SCA”), to compel disclosure of an email account...more

Second Circuit Court of Appeals Denies Rehearing in Microsoft Case

Back in December 2013, a U.S. magistrate issued a seemingly routine warrant in a narcotics case demanding that Microsoft turn over messages from a customer’s email account that resided on a server in Ireland. That warrant,...more

Investigatory Powers Act 2016 becomes law

by White & Case LLP on

The UK Investigatory Powers Bill has received royal assent and passed into law as the Investigatory Powers Act 2016. The Act will have a significant and far reaching impact on data, technology and communications businesses,...more

Everything Compliance-Episode 2

by Thomas Fox on

This episode is dedicated exclusively to where FCPA enforcement, SEC enforcement, the compliance profession and compliance programs may be headed under the Trump administration, with a dash of anti-trust enforcement and EU...more

Espionage and Export Controls: The iPhone Hack Highlights The New World of Warfare

Last week, researchers at Citizen Lab uncovered sophisticated new spyware that allowed hackers to take complete control of anyone’s iPhone, turning the phone into a pocket-spy to intercept communications, track movements and...more

Second Circuit Eases Tension Between U.S. Discovery Requirements and EU Privacy Laws

by Dorsey & Whitney LLP on

Microsoft scored an important victory when the Second Circuit ruled that the government is not authorized to issue warrants for customer data stored overseas. In re Warrant to Search a Certain E-mail Account Controlled &...more

Second Circuit Eases Tension Between U.S. Discovery Requirements and EU Privacy Laws

by Dorsey & Whitney LLP on

Microsoft scored an important victory when the Second Circuit ruled that the government is not authorized to issue warrants for customer data stored overseas. In re Warrant to Search a Certain E-mail Account Controlled &...more

You’ve Got (Foreign) Mail: Can Law Enforcement Get to it?

Even though Microsoft is a U.S. corporation subject to domestic subpoenas and warrants, prosecutors are not entitled to emails stored on its servers abroad, the Second Circuit ruled last week in Microsoft Corp. v. United...more

The Stored Communications Act’s Warrant Provisions Do Not Apply Extraterritorially

by Reed Smith on

On July 14, the Second Circuit in Microsoft v. United States ruled that the Stored Communications Act (SCA) “does not authorize a U.S. court to issue and enforce an SCA warrant against a United States-based service provider...more

"Cross-Border Investigations Update - June 2016"

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a look at recent cases and enforcement trends, including proposed amendments to China’s commercial bribery law, the use in U.S. courts of compelled...more

What Attorneys Can Learn from History’s Largest Data Breach

by Wilson Elser on

On April 3, 2016, the public learned that millions of client documents from the Panamanian law firm and corporate services provider Mossack Fonseca & Co. (MF) had made their way to an international organization, the...more

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