News & Analysis as of

Warrants

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

Supreme Court to Review Digital Privacy (Part 2)

by Miles & Stockbridge P.C. on

In our previous installment, we looked at the issues related to Carpenter. That discussion can be found here. Another case involving the Stored Communications Act may also come before the U.S Supreme Court in the...more

Damming the Funding to North Korea: Anticipatory Seizure Warrants as a Tool to Enforce Sanctions and Thwart Money Laundering...

by Ballard Spahr LLP on

Two days after North Korea’s successful long-range ballistic missile test, the U.S. District Court for the District of Columbia unsealed a memorandum opinion which granted the Department of Justice “damming” warrants to seize...more

Why Updating The Electronic Communications Privacy Act Poses Difficulties

by Revision Legal on

The privacy of electronic communications is provided for under the Electronic Communications Privacy Act. There are limited circumstances in which ISPs may disclose the contents of electronic and stored digital...more

New York’s Highest Court Rebuffs Facebook’s Efforts to Protect the Rights of Its Users in Search Warrant Fight

Facebook’s four-year battle on behalf of its users, seeking to quash 381 warrants obtained by the New York County District Attorney’s Office, has come to a close. The decision of the New York Court of Appeals—which is New...more

Three Considerations for Strategizing an Effective Response to a Surprise Asset Seizure by the U.S. Government

by Kobre & Kim on

U.S. authorities that are investigating a client can wreak havoc with a surprise asset seizure, even before filing criminal charges or a civil forfeiture complaint against those assets. How do you properly advise a client...more

CAS Legal Mailbag Question of the Week – March, 2017 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: It seems that we cannot turn on the television these days without hearing the ongoing debate about travel bans, immigration reform and the presence of undocumented foreign nationals in this country....more

An Introduction to Warrants

What is a Warrant? A warrant generally is a contract that gives the holder the right to buy a specified number of shares of stock of a company at a defined price and during a specified period of time. A warrant is to an...more

Geolocation Privacy and Surveillance Act Introduced in US Congress

by Morgan Lewis on

On February 15, the Geolocation Privacy and Surveillance Act (GPS Act) was introduced by a bipartisan group of US Congress members. Designed to enact comprehensive rules for both government agencies and commercial service...more

House Legislation Purports To Require Warrants For All Email

by King & Spalding on

On February 6, 2017, the U.S. House of Representatives unanimously passed the Email Privacy Act (the “Act”), co-sponsored by Representatives Kevin Yoder (R-KS) and Jared Polis (D-CO), which would require law enforcement to...more

What to Do When OSHA is at Your Door

by Foley & Lardner LLP on

You arrive at work bright and early, only to find that someone beat you there — OSHA is waiting to perform an inspection. Now what? Many employers think they have little say in what happens next. Actually, employers have many...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

Federal Magistrate Finds OSHA Warrant to Expand Incident Inspection “Improvidently Granted”

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In this recent case a Federal Magistrate Judge finds that OSHA has gone too far in expanding an incident inspection into a wall-to-wall inspection. A District Court Magistrate Judge recently...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

Utah v. Strieff

EVIDENCE OBTAINED FROM AN UNLAWFUL DETENTION IS ADMISSIBLE IF A VALID ARREST WARRANT IS SUBSEQUENTLY DISCOVERED - Narcotics detective Douglas Fackrell conducted surveillance on a South Salt Lake City residence based on...more

In Case You Missed It: Launch Links - May 2016 #2

by WilmerHale on

Some interesting links we found across the web this week: - Pentagon Turns to Silicon Valley for Edge in Artificial Intelligence - Tech companies and law enforcement do not always get along, but the military is...more

SEC Files Offering Fraud Action Centered on Warrants From Private Firm

by Dorsey & Whitney LLP on

The SEC filed another offering fraud action, a current staple of the agency. This scheme centered on two former executives of a privately held software manufacturer and a marketer who sold investors interests in various...more

Knock-Knock, Who’s There? The EEOC: When the EEOC Can Investigate an Employer’s Premises Without Prior Consent

by Hinshaw & Culbertson LLP on

When the EEOC investigates a charge of discrimination, it may employ one of several investigatory methods, including site inspections. In EEOC v. Nucor Steel Gallatin, Inc., a case of national first impression, a Kentucky...more

Drone on Drones: Swarm of Local Regulations Approaches

by Best Best & Krieger LLP on

The City of Lompoc is considering a drone ordinance following a citizen complaining about a camera-equipped drone invading his privacy . He indicated that, despite three calls to the police department, he was told nothing...more

Caleb Wardrett v. City of Rocky Mount Police Department, Det. Clifton and Det. Denotter - United States District Court for the...

by Poyner Spruill LLP on

The federal court granted summary judgment for the City of Rocky Mount, its Police Department and detectives in a case brought against them under 42 USC §1983 where claims were asserted for malicious prosecution and false...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

INTERPOL’s CCF: Movement toward transparency

by Estlund Law, P.A. on

Given the fact that I have done my share of complaining about the Commission for the Control of INTERPOL’s Files demonstrating a lack of transparency and the need for more disclosure about its decision-making process, it is...more

CA Court Holds No Fiduciary Duty To Warrant Holders

by Allen Matkins on

Judges must perforce pick and choose from the record what facts to include in their written opinions. As a result, opinions don’t necessarily tell the whole story and may omit important details. Recently, for example, I...more

U.S. Supreme Court Decision Might Foreshadow Expansion of the Qualified Immunity Defense in Excessive Force Cases

by Wilson Elser on

The past several years have seen a slew of high-profile excessive force cases, often highlighted by cell phone or dash-cam video. These cases have placed increasing pressure on local police departments, which continue to...more

Inside M&A - October 2015

by McDermott Will & Emery on

Overview of SPACs and Latest Trends - A number of recent successful business combination transactions involving special-purpose acquisition companies (SPACs) led by prominent sponsors have driven a resurgence in the SPAC...more

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