News & Analysis as of

Criminal Procedure

German Legislator facilitates confiscation orders and asset recovery

by DLA Piper on

After having implemented stricter anti-bribery and corruption regulations in late 2015 and mid- 2016, new criminal law provisions regarding confiscation orders and asset recovery will enter into force on 1 July 2017. The...more

Supreme Court Decides Maslenjak v. United States, No. 16-309.

by Faegre Baker Daniels on

On June 22, 2017 the U.S. Supreme Court decided Maslenjak v. United States, holding that to revoke naturalized citizenship based on a crime committed in the naturalization process, the government must show that the crime had...more

Are Defendants Winning Criminal Appeals More Often (Part 1 – 1994-2005)?

by Sedgwick LLP on

Earlier this week, I joined “Air Talk” on KPCC radio for a discussion of the California Supreme Court’s recent criminal decisions, beginning with People v. Gutierrez, in which the Court reversed three convictions for the...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

Where is Justice Werdegar on the Ideological Spectrum for Criminal Law Cases?

by Sedgwick LLP on

Last week, we continued our analysis of Justice Werdegar’s career by reviewing her majority opinions in criminal cases. We report Justice Werdegar’s dissents in criminal cases, year by year, in Table 204. Justice...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

Divided Panel Debates a Jury’s Ability to Resist the Persuasive Power of Hollywood

In United States v. Monsalvatge (Nos. 14-1113, 14-1139, and 14-1206), a divided panel of the Second Circuit explored the contentious topic of introducing blockbuster films as evidence in a criminal prosecution. Defendants...more

How Long Have Criminal Cases Lasted From Grant to Argument to Decision (Part 2 – 2008-2016)?

by Sedgwick LLP on

Yesterday, we analyzed the lag times – from grant of review to oral argument, and oral argument to decision – in the Court’s civil docket from 2008 to 2016. Today, we’ll address the data for the criminal docket. One...more

A Parallel Universe: Navigating Discovery in Concurrent Civil and Criminal Proceedings

by Ward and Smith, P.A. on

As criminal law has expanded into almost every sector of the American economy, one byproduct is the rise of "parallel proceedings"—lawsuits that proceed concurrently in criminal and civil court based on largely the same...more

Thursday LTNY 2017 Sessions: eDiscovery Trends

by CloudNine on

As noted yesterday and Tuesday, LegalWeek 2017 – which includes of course the marquee event LegalTech® New York (LTNY) – is happening this week and eDiscovery Daily is here to report about the latest eDiscovery trends being...more

Forgetting about the Other Side of the Law is Criminal: eDiscovery Case Law

by CloudNine on

In our webcast on Wednesday titled What Every Attorney Should Know About eDiscovery in 2017, we covered (as we always do) several key cases that established eDiscovery best practices and trends (and a few with litigants...more

“Legalweek, The Experience” 2017 is One Week From Today!: eDiscovery Trends

by CloudNine on

What is “Legalweek, The Experience”, you say? LegalWeek is LegalTech New York, along with six other “events-within-an-event” that will be going on next week in New York at the New York Hilton Midtown, starting next Tuesday,...more

I Now Call Alexa to the Stand: What Criminal Law Can Learn from Civil Law When It Comes to E-Discovery

by Exterro, Inc. on

More and more, electronically stored information (ESI) is being collected as evidence for criminal cases. The latest example came to light over the new year in the Washington Post article, “Can Alexa help solve a murder?...more

2016 Florida Legislative Post-Session Report

by Carlton Fields on

Carlton Fields’s Government Law and Consulting Practice Group released its 2016 Florida Legislative Post-Session Report detailing significant bills that passed during the 2016 Regular Session of the Florida...more

The Supreme Court - May 2016 #4

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases on May 31, 2016: Army Corps of Engineers v. Hawkes, No. 15-290: Three mining companies sought a permit under the Clean Water Act seeking to...more

Privacy Shield Update: A Recap of Recent Developments

by BakerHostetler on

On April 13, 2016, the Article 29 Working Party (WP29), an influential group of European data protection authorities, issued a non-binding opinion that criticized certain elements of the fledgling Privacy Shield framework....more

U.S. Supreme Court Proposes Change to Rules Applicable to Searches of Electronic Data

by Tucker Arensberg, P.C. on

The United States Supreme Court — which establishes rules of civil and criminal procedure, subject to the objection of Congress — has proposed a significant amendment to the rules applicable to searches of electronic data...more

In Case You Missed It: Launch Links - April 2016 #4

by WilmerHale on

Some interesting links we found across the web this week: - House of Representatives approves bill requiring warrants for email searches - It was a productive week on the Hill, as the House passed the Email...more

Testing The 5th: Compelled Testimony From Foreign Regulators

by WilmerHale on

The circumstances of the prosecution of Anthony Allen and Anthony Conti exemplify how cross-border cooperation and parallel investigations can give rise to novel issues in a subsequent criminal trial. Allen and Conti were...more

SEC Prevails in Payton Insider Trading/Tipping Case

by Dorsey & Whitney LLP on

The SEC prevailed in its insider trading/tipping case against two New York brokers were Newman and its tipping standard was a key issue. SEC v. Payton, Civil Action No. 14 civ 4644 (S.D.N.Y.). On Monday a jury in New York...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

Beware the Feds: Emerging Risks to Health Care Executives Under the Yates Memo

by Reed Smith on

Last month’s “Yates Memo” from the Department of Justice (DOJ) promises to be a game-changer in the world of government investigations and enforcement activity. While several U.S. Attorney Offices had been applying many of...more

Ninth Circuit Adopts New Standard for Discovery of Grand Jury Evidence

In In re: Optical Disk Drive Antitrust Litigation (ODD), the Ninth Circuit rejected the “effect test” in favor of a streamlined approach to evaluating civil discovery seeking grand jury evidence and allowed antitrust...more

United States v. Microsoft: ‘Global Chaos,’ Outdated Legislation And a Judge’s Plea to Congress

The Second Circuit’s challenge in considering the validity of a U.S. Stored Communications Act warrant to Microsoft for e-mails located on servers in Ireland involves interpreting the SCA, which was enacted nearly three...more

The 5th Amendment In Civil Practice: 3 Big Considerations

by WilmerHale on

The right to remain silent and not testify at your own criminal trial is well known within the legal community and among the public. A defendant “taking the fifth” has been depicted in movies and television shows, and...more

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Cybersecurity

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