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Criminal Law Privacy Civil Procedure

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The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2017

by Hinshaw & Culbertson LLP on

Advising Clients Regarding Potentially Criminal Conduct – Assisting Clients in Connection with the Medical or Recreational Marijuana Industry - Rhode Island Ethics Advisory Panel Op. 2017-01 - Risk Management Issue: In...more

Google Again Ordered to Produce Internationally Stored Data: eDiscovery Case Law

by CloudNine on

In the case In re: Search of Content that is Stored at Premises Controlled by Google, Case No. 16-80263 (N.D. Cali., Apr. 19, 2017), California Magistrate Judge Laurel Beeler, noting that the “SCA regulates disclosure of data...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

When Using a Computer Becomes a Crime, Part Two: ACLU, Facebook Weigh In on Ninth Circuit’s Answer

The Electronic Frontier Foundation (“EFF”) and the American Civil Liberties Union (“ACLU”) have weighed in on Facebook’s high-profile dispute with a social media aggregation company over whether it had unlawfully accessed...more

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

by Bryan Cave on

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

by Reed Smith on

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

by Best Best & Krieger LLP on

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

by Faegre Baker Daniels on

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

by White & Case LLP on

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

by Morgan Lewis on

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

Rival Court Decisions Reflect Shifting Views on Privacy in Public

by Best Best & Krieger LLP on

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?

by King & Spalding on

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

by Pullman & Comley, LLC on

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?

by McGuireWoods LLP on

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

by Morris James LLP on

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

by Seyfarth Shaw LLP on

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

by Jaburg Wilk on

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

by Kelley Drye & Warren LLP on

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

by Locke Lord LLP on

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

by Latham & Watkins LLP on

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

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