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Electronic Discovery Privacy Criminal Law

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:

SCOTUS to Take On Microsoft Ireland Case: eDiscovery Trends

by CloudNine on

A few months ago, we reported that the Department of Justice had asked the U.S. Supreme Court to overturn that landmark appeals court decision handed down last summer in favor of Microsoft Corp. that put their company data...more

Professional Regulatory Alert: Your Career May Be An Open Book: Privacy and Regulatory Investigations

by Field Law on

In dismissing an appeal by an Alberta lawyer who alleged that his Charter rights were violated by an order allowing a law society investigator to search his computers, cell phones, and other electronic devices, the Alberta...more

Pennsylvania District Court Agrees That Google Must Give Up Foreign Server Data

by Bracewell LLP on

On August 17, 2017, a Pennsylvania district court upheld a magistrate judge’s order that Google comply with warrants issued pursuant to the Stored Communications Act (“SCA”) and produce to the FBI data that was stored, in...more

Getting Divorced? Four Cautionary Tips about Accessing Your Spouse’s Electronic Information

by Jaburg Wilk on

Question: I know my spouse’s passwords to their social media accounts, bank accounts and/or email accounts, can I log into their account and get the information we need to help win my case? ...more

The Carpenter Case and Other Privacy-Related News

by Revision Legal on

As we discussed in the last few weeks, privacy is repeatedly in the news. Washington lawmakers are trying again to update the Electronic Communications Privacy Act, the Stored Communications Act (the “SCA”), and the Pen...more

DOJ Asks SCOTUS to Take on Microsoft Case and Verizon Suffers its own Data Breach: eDiscovery Trends

by CloudNine on

A rare two-topic day, but both are notable… Remember the Microsoft Ireland Warrant case, where the Second Circuit reversed earlier rulings and denied the government’s efforts to compel Microsoft to provide emails in that...more

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

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

Warrant Needed for “Black Box” Data in Florida

by Wilson Elser on

In a case of first impression in Florida, a split appellate court in State of Florida v. Charles Wiley Worsham Jr., No. 4D15-2733 (Fla. Dist. Ct. App. Mar. 29, 2017), held that a warrant was necessary before law enforcement...more

Ransomware Makes You Wanna Cry: Cybersecurity Trends

by CloudNine on

This must be our month for ransomware stories.  Unless you have been living under a rock for the past several days, you’ve undoubtedly heard about the WannaCry virus that has been attacking Microsoft© Windows machines without...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

Lawyer’s Pants Literally Catch on Fire and Alexa to “Testify”: eDiscovery Trends

by CloudNine on

OK, this first story isn’t exactly an eDiscovery story, but it’s too good to pass up… Here’s a question for you: Would you believe what a lawyer was telling you during closing arguments if his pants were, literally, on fire?...more

“Alexa, Are My Questions to You Discoverable?”

by Williams Venker & Sanders on

The Amazon Echo is a hands-free speaker controlled with your voice. It features a personal assistant, “Alexa,” who will perform various tasks for the user in response to the “wake word,” Alexa. Over the holidays, I observed...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

The Panama Papers & The Tempo of International Corruption Cases

An interview on CNBC Powerlunch (April 4th, 2016) where I discuss the implications of the recent Panama Papers leaks. What does this mean for the future of tax havens? Also, will be the appetite for local enforcement in those...more

Schrems & The Collapse of Safe Harbor: What Are The Alternatives to EU Data Collection?

In the second part of a Front-Line interview, Jo Sherman, CEO, EDT, shares her views on how organizations can comply with new EU regulations in the context of the recent Schrems decision, and the collapse of safe harbor. As...more

California Updates Privacy Rights with the Electronic Communications Privacy Act

by Snell & Wilmer on

Starting on New Years Day 2016, a new law will prohibit California law enforcement agencies from compelling California residents and businesses to turn over metadata or electronic communications (e.g., texts, emails,...more

The Schrems Decision and Safe Harbor: Can you bring tools to the data?

In this Front-Line interview, which is the first of two parts, EDT CEO, Jo Sherman, shares her views as to how data protection and transfer have now changed with regards to the recent Schrems decision. Jo encourages...more

Seoul's Central District Court Issues New Guidance in Search and Seizure of Electronic Data, Likely Setting Precedent

by Kobre & Kim on

The Seoul Central District Court recently published important guidance regarding execution of search and seizure warrants that will likely have significant implications for multinational companies that operate across borders....more

A Border Search Doctrine Without Borders? A Court Pushes Back Against Searches of Laptops and Cellphones

by Alston & Bird on

Last year, the Supreme Court in Riley v. California (134 S. Ct. 2473 (2014)) recognized the unique characteristics of laptops and cellphones and held that police generally may not search the cellphone of an individual who has...more

An Attempt For ECPA Reform

by King & Spalding on

Under the Electronic Communications Privacy Act of 1986 (“ECPA”), the government can gain access to emails and other electronic communications that are more than 180 days old. This has been termed the “180-day rule,” whereby...more

Federal District Court Decision in Microsoft Case re Warrants for Content Stored Outside US

by DLA Piper on

On July 31, the district court judge issued a ruling in the case involving the US Government’s warrant issued to Microsoft to compel production of data stored on the servers of its wholly owned Irish subsidiary located in...more

Foreign Data Center Subject to Reach of U.S. Government

by Pepper Hamilton LLP on

Following the July 31, 2014 decision of a New York federal judge in In re Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corp., 1:13-mj-02814 (SDNY), U.S. companies should be aware that data...more

SDNY Judge Orders Microsoft to Produce Emails Stored Abroad

by Bracewell LLP on

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

by Blank Rome LLP on

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

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