News & Analysis as of

Discovery Criminal Investigations

EDRM - Electronic Discovery Reference Model

[Webinar] ESI and Crimes: Catching Criminals and Protecting Rights - May 22nd, 1:00 pm - 2:00 pm ET

Electronic information in various forms is now a common feature in the investigation and prosecution of crimes. The search for and use of that information presents issues under the Fourth, Fifth, and Sixth Amendments as well...more

Robinson+Cole Environmental Law +

EPA Office of Criminal Enforcement, Forensics and Training Receives Good Grades from OIG, but Room for Improvement

The EPA Office of Inspector General’s (OIG) February 15, 2024, report on EPA’s practices in collecting, retaining, and producing criminal discovery materials in environmental cases found that EPA’s special agents largely...more

BakerHostetler

DOJ Likely to Scrutinize Personal Device and Corporate Chat Policies of Investigation Targets

BakerHostetler on

Through recent motions filed in district court and a policy memo issued last year, the U.S. Department of Justice (DOJ) has signaled that it has its sights on instant messages and personal devices as potential sources for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Protection Agency Handling of Criminal Discovery: U.S. EPA Office of Inspector General Notification of Evaluation

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued an August 15th Notification of Evaluation (“NOE”) whose subject is titled: The EPA’s Handling of Criminal Discovery...more

Stark & Stark

What Is A Special Master? Former President Trump Filed Motion Seeking the Appointment of a Special Discovery Master

Stark & Stark on

Former President Trump’s lawyers filed a motion in federal Court seeking the appointment of a “special master” to inspect the records seized from Mar-a-Lago by the FBI on August 8, 2022. This blog will address what a special...more

EDRM - Electronic Discovery Reference Model

Examining a Leaked Criminal Warrant for Apple iCloud Data in a High Profile Case – Part 3

Inadvertently Disclosed Warrant Application Against Apple in a Criminal Investigation Against Retired Marine General Reveals Latest DOJ Search Procedures, the Dangers of Pacer and Too Much Court Record Transparency, and Much...more

EDRM - Electronic Discovery Reference Model

Examining a Leaked Criminal Warrant for Apple iCloud Data in a High Profile Case – Part Two

This article is Part Two of the blog Inadvertently Disclosed Warrant For Apple iCloud Data. Items To Be Seized – Search Procedures - In Attachment B to the Application, entitled, Items To Be Seized, the government describes...more

Zuckerman Spaeder LLP

Warranted wiretapping? What to look for in this year’s Wiretap Report.

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Wiretapping—the interception of wire, oral, or electronic communications—has long been an effective tool for law enforcement investigating suspected criminal activity. Each June, Title III of the Omnibus Crime Control and...more

Holland & Knight LLP

Healthcare Law Update: October 2021

Holland & Knight LLP on

Kathryn Isted In Harbor Healthcare System, L.P. v. United States, 5 F.4th 593 (5th Cir. 2021), the court of appeals ruled that the district court abused its discretion in refusing to exercise its equitable jurisdiction over a...more

Vinson & Elkins LLP

Defending On All Sides: Common Discovery Perils In Parallel Civil And Criminal Cases

Vinson & Elkins LLP on

On March 11, 2021, the U.S. District Court for the Eastern District of New York granted a stay in the civil case brought by the Securities and Exchange Commission (“SEC”) against GPB Capital Holdings, LLC (“GPB Capital”),...more

Association of Certified E-Discovery...

[Webinar] SDPA and ACEDS OC eDiscovery Summer Refresher Session Six: Law Enforcement: CA eDiscovery Update - July 25th, 10:30 am -...

A discussion of recent current events, including how a 2020 California State Supreme court decision effects the public release of body camera footage from law enforcement agencies in California, and other important updates...more

Jackson Lewis P.C.

[Webinar] What You Need to Know When Government Investigators Knock - December 4th, 2:00 pm ET

Jackson Lewis P.C. on

Receiving notice that the government is investigating your organization, employees or corporate and/or scientific practice can be a cause for alarm – but it doesn’t have to be. Former federal prosecutors and Jackson Lewis...more

Jones Day

Compulsion of Employee Evidence That May Incriminate Corporate Employers: The High Court Deliberates

Jones Day on

The Situation: A recent decision of the Full Court of the Federal Court of Australia has significant implications for prosecuting authorities, including corporate regulators. The decision affects the circumstances in which an...more

Dechert LLP

The Long Arm of UK Law Enforcement Reaches a Handshake Deal with U.S. DOJ on UK-U.S. Electronic Data

Dechert LLP on

The UK Home Office and the U.S. Department Of Justice (“DOJ”) have signed an agreement (the “Agreement”) which will enable British and U.S. law enforcement agencies to compel UK and U.S. cloud service providers (“CSPs”) to...more

Jones Day

Trouble in Paradise: No Privilege for Stolen Documents

Jones Day on

The Situation: In an era of sophisticated cyberattacks and data leaks, questions have been raised over whether the doctrine of legal professional privilege ("LPP") should be extended to provide clients with a legal right to...more

Hanzo

Real-World Social Media Investigations: Omar and Jenny Ambuila

Hanzo on

You know what’s helpful when you’re trying to keep a multimillion-dollar international bribery scheme going? A bachelor’s degree in finance. And, if the allegations against Omar Ambuila and his family are true, he figured out...more

Sheppard Mullin Richter & Hampton LLP

Pursuing and Responding to Discovery Requests Under 28 U.S.C. § 1782

As discussed in a previous blog post, an interested party in a foreign or international proceeding may apply to a United States District Court for discovery from an individual or corporation who resides or is found in the...more

WilmerHale

Making Privilege Whole Again: Alternative Facts or a Restatement of Principle?

WilmerHale on

On 5 September the Court of Appeal handed down its judgment in the long-awaited, and much discussed, case of SFO v ENRC. Justice Andrews’ ruling in the lower court, which rejected ENRC’s claim to litigation privilege, had...more

Eversheds Sutherland (US) LLP

UK Court of Appeals upholds litigation privilege for internal investigation documents

In a much-anticipated appellate decision, the Court of Appeal of England and Wales has clarified English law regarding litigation privilege applicable to internal investigations, which has significant implications for US...more

Latham & Watkins LLP

Internal Investigations Protected By Privilege Once More?

Latham & Watkins LLP on

English Court of Appeal Reaffirms Privilege Over Internal Investigation Documents Prepared in Contemplation of Litigation - In a much anticipated decision, the Court of Appeal has reaffirmed legal privilege protection for...more

Jones Day

Draft EU CLOUD Proposal—Enabling Law Enforcement Access to Overseas Data

Jones Day on

The Situation: To strengthen cross-border cooperation in investigations, the European Commission has proposed legislation allowing EU Member State authorities to access, directly from services providers, electronic evidence...more

Proskauer - New Media & Technology

Canadian Court Asserts Jurisdiction over Craigslist Based on Cloud-Based Virtual Presence in Canada

A Canadian appellate court ruled that a lower court had jurisdictional authority to issue a production order to craigslist based upon its virtual (but not physical) presence in British Columbia. The production order requested...more

Moore & Van Allen PLLC

Protection for Investigation Materials Remains in the Eye of the Beholder

Moore & Van Allen PLLC on

One of the most problematic questions facing companies simultaneously undergoing a review by external counsel and responding to a government inquiry is whether the information shared with or created by counsel will be...more

Cooley LLP

Blog: High Court Supports SFO Bid To Obtain Documents Claimed As Privileged

Cooley LLP on

In a landmark ruling on 8 May 2017, the High Court ordered that the Eurasian Natural Resources Corporation (“ENRC”) should hand over to the SFO documents prepared during an internal investigation, despite the fact that the...more

Skadden, Arps, Slate, Meagher & Flom LLP

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

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