News & Analysis as of

Government Investigations Electronically Stored Information

Venable LLP

Spoliation and Failure to Disclose: What Gets Swept Under the Rug in FTC Investigations Lands in a Dangerous Pit

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Once a company or individual learns they are a target of a Federal Trade Commission investigation, they need to quickly make a series of decisions, then take action. After being notified that the FTC has begun an...more

TransPerfect Legal

Creating a Defined Investigatory Process in Government Investigations

TransPerfect Legal on

What sticks out from my time at the Department of Justice is this: should your organization receive a government subpoena, the government more likely than not already has the evidence they need to prove the violation. The...more

EDRM - Electronic Discovery Reference Model

The Case That Showed Me The Value of E-Discovery Plans

(Originally published by Law360, Portfolio Media, June 15, 2022, 3:06 PM EDT) - In October 2016, AT&T Inc. announced its plan to merge with entertainment company Time Warner Inc., a historic $85 billion deal that was widely...more

Epiq

How to Position Technology Assisted Review (TAR) With Government Regulators in Antitrust Matters

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Regulators in the U.S. and abroad have been quick to recognize the value of technology-assisted review (TAR) workflows as important tools that can prevent massive data dumps and allow them to focus their analysis on critical...more

Reveal

How eDiscovery Technology Can Mitigate Challenges of Investigations

Reveal on

Some of the challenges associated with searching through data for an investigation are similar to those faced during the discovery stage of the litigation process as it exists in the United States. The need to defensibly...more

Reveal

eDiscovery For Investigations: 3 Common Use Cases And What You Should Know

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Corporations need to do more internal investigations than ever before. They need investigations to be able to respond adequately and timely to requests from regulators....more

Oberheiden P.C.

Received a Search Warrant? 10 Facts You Need to Know

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Several federal agencies rely on search warrants to gather evidence in support of their law enforcement efforts. If you have received a search warrant from the Federal Bureau of Investigation (FBI), Drug Enforcement...more

Association of Certified E-Discovery...

[Webinar] How to Prove a Negative Without Breaking the Bank: Practical Strategies that Will Save Time in an Investigation -...

When hit with an unexpected information request, eDiscovery teams need to quickly size up the task and learn the facts. Sometimes, however, there are no relevant documents to be found. When documents themselves are the object...more

Health Care Compliance Association (HCCA)

Report on Research Compliance 17, no. 5. In This Month's E-News: May 2020

Report on Research Compliance 17, no. 5 (May 2020) - Cybercriminals are “sending malicious phishing emails that appear to be from trusted federal agencies,” such as HHS, in order to “steal sensitive data,” warned Michael...more

Polsinelli

New Federal Rule of Criminal Procedure 16.1 Aims to Assist Practitioners in Disclosure and Discovery of Electronically Stored...

Polsinelli on

On December 1, 2019, Federal Rule of Criminal Procedure 16.1 (Rule 16.1 or the “Rule”) went into effect. With a focus on defense counsel’s ability to adequately prepare for trial, the Rule functions as a response to concerns...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

Ballard Spahr LLP

Utah Privacy Law Would Be First to Require Search Warrant for Government to Access Stored Data

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Utah Governor Gary Herbert is expected to sign a new privacy law in the coming weeks that will make his state the first to protect private electronic data stored with third-party providers from government access without a...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Amends Corporate Enforcement Policy on Companies’ Use of Electronic Messaging Apps

On March 8, 2019, the U.S. Department of Justice announced an important change to its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy concerning one of the conditions — “appropriate retention of business...more

Epiq

How will the GDPR impact international investigations?

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GDPR: A Snapshot - The GDPR updates the EU’s 1995 framework data privacy law—which is outdated due to the technological advances that have occurred since the mid-1990s. The European Commission proposed the GDPR in 2012,...more

Robinson+Cole Data Privacy + Security Insider

Congress Enacts CLOUD Act within Omnibus Spending Bill to Address Overseas Storage of Electronic Data, Potentially Mooting Supreme...

On March 23, 2018, the President signed into law the Consolidated Appropriations Act of 2018 (H.R. 1625), an omnibus spending bill that includes the Clarifying Lawful Overseas Use of Data Act (the CLOUD Act)....more

Moore & Van Allen PLLC

The CLOUD Act – Congress Passes New Bill Which Will Impact Access To Cross-Border Data

Moore & Van Allen PLLC on

On Friday, March 23, 2018, Congress passed a 2,232 page omnibus spending bill. Included in the bill was a bipartisan act known as the “Clarifying Lawful Overseas Use of Data Act” or CLOUD Act, which will allow United States...more

Carlton Fields

Rule Change Would Let Law Enforcement Access Computers Remotely Regardless of Location

Carlton Fields on

The Supreme Court recently adopted a proposed change to Rule 41 of the Federal Rules of Criminal Procedure that would allow a federal judge to issue warrants authorizing government agents to access computers located in any...more

Patterson Belknap Webb & Tyler LLP

Come Back With a Warrant: Proposed Rule Change Expands the Government’s Ability to Access Electronically Stored Information in...

On April 28, 2016 the United States Supreme Court proposed a modification to Federal Rule of Criminal Procedure 41 that significantly alters the manner in which the government can obtain search warrants to access computer...more

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