News & Analysis as of

Search Warrant

The CLOUD Act: Where It Sheds Light and Where Shadows Remain

by Holland & Hart LLP on

The Clarifying Lawful Overseas Use of Data Act (CLOUD Act) amends the Stored Communications Act (SCA) and moots the Supreme Court's consideration of a dispute between the U.S. government and Microsoft over whether Microsoft...more

Offer Wi-Fi or Internet Service to Customers? These Are Your New Legal Obligations

by Perkins Coie on

It would be unusual these days to find a hotel, coffee shop, cruise line or airline that doesn’t offer some form of internet access to its customers. It’s unlikely, however, that those businesses have had occasion to give...more

Congress Reshapes Legal Requirements for International Access to Communications Information with the CLOUD Act

On April 17, 2018, at the request of both sides of United States v. Microsoft Corp., the U.S. Supreme Court remanded and dismissed one of the most closely watched privacy cases of the last several years just a few weeks after...more

Supreme Court Rules Microsoft Case Moot as CLOUD Act Becomes Law

The Clarifying Lawful Overseas Use of Data Act (CLOUD Act) was recently signed into law as part of the omnibus appropriations bill. ...more

The Weekly Round-Up: Justice Department Delays Decision to Revoke Legal Fund for Immigrants, New York Governor Andrew Cuomo...

The Department of Justice, Reversing Course, Allows a Legal Funding Program for Poor Immigrants to Continue - Earlier this week, Attorney General Jeff Sessions informed the U.S. Senate Appropriations Subcommittee on...more

eDiscovery Privilege Review in the Trump-Cohen-Daniels Saga: eDiscovery Trends

by CloudNine on

This is not a political blog and we try not to represent any political beliefs on this blog. But, sometimes there is an eDiscovery component to the political story and it’s interesting to cover that component. This is one of...more

So You Received A Knock On The Door…

by Pessin Katz Law, P.A. on

Knock, knock! Who’s there? It’s the FBI. Or a State Trooper. Or an investigator from the Insurance Commissioner’s office. After the knock, the door opens and the business professional is handed a subpoena to appear and give...more

CLOUD Act dramatically changes international privacy laws (and eDiscovery)!

by Foley & Lardner LLP on

Without any public hearings, review, or public comment Congress created the CLOUD Act which was signed into law as part of the $1.3 trillion government spending bill which changed the 1986 Stored Communications Act (SCA). The...more

The Supreme Court Dismisses As Moot Microsoft Case That Had Challenged The Government's Ability To Obtain Search Warrant For...

by Shearman & Sterling LLP on

On April 17, 2018, the Supreme Court dismissed United States v. Microsoft, No. 17-12, 548 U.S. ___ (2018) (per curiam), deciding that recently enacted federal legislation had mooted the legal dispute in the case. The appeal...more

Supreme Court Orders Dismissal of Microsoft Case

As had been expected following the passage of the CLOUD Act by Congress last month, the U.S. Supreme Court remanded and ordered the dismissal of the pending United States v. Microsoft Corporation, Inc. case in a per curiam...more

The CLOUD Act: Potential thunderstorms on the data privacy frontier

by Dentons on

On March 23, 2018, the Clarifying Lawful Overseas Use of Data Act ("CLOUD Act") was quietly enacted as part of the 2,232-page omnibus budget legislation. The law amended the Stored Communications Act ("SCA"), which...more

The U.S. Supreme Court Dismisses U.S. V. Microsoft Following Passage Of The CLOUD Act

by Jackson Lewis P.C. on

On April 17th, the U.S. Supreme Court dismissed the highly anticipated U.S. v. Microsoft, ruling that recently enacted legislation rendered the case moot. Microsoft Corp. had been in litigation with the U.S. Department of...more

CLOUD Act Negates Need for Supreme Court Decision

by Harris Beach PLLC on

In a February 27 MuniBlog posting we described a case pending before the United States Supreme Court on whether the provider of email services, Microsoft, must provide electronic communications stored outside the United...more

CLOUD Act Renders Supreme Court Decision in the Microsoft Case Moot: eDiscovery News

by CloudNine on

The Supreme Court heard arguments on February 27th over Microsoft’s ongoing data privacy case involving email stored in Microsoft datacenter in Ireland. Supposedly, according to reports from those attending, the justices...more

The Supreme Court - April 17, 2018

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued three decisions yesterday - United States v. Microsoft Corp., No. 17-2: Federal law enforcement agents obtained a warrant under 18 U.S.C. §2703, requiring Microsoft to...more

Microsoft Email Case Dismissed by Supreme Court

Yesterday, the long-running dispute between Microsoft Corp. and the U.S. government regarding data stored abroad was resolved by the United States Supreme Court. ...more

Forecasting the Impact of the New US CLOUD Act

by Dechert LLP on

The CLOUD Act resolves the central issue in United States v. Microsoft — U.S. law enforcement agencies now have explicit legal authority to obtain electronic data from U.S. cloud and communication companies regardless of...more

The Cohen Search Warrants – DOJ Procedures for Approval

by Michael Volkov on

With all the recent hoopla and commentary on the Michael Cohen criminal investigation and the execution of search warrants against Cohen, it is important to focus on what is true, what is exaggerated and what is outright...more

Episode 34 -- The Cohen Criminal Investigation and the Search Warrants

by Michael Volkov on

On April 9, 2018, FBI agents executed search warrants at Michael Cohen's office, hotel, residence, safety deposit box and electronic devices. Since then, we learned that the US Attorney's Office in New York City have an...more

Government and Microsoft In Agreement that Pending Case Mooted by CLOUD Act

On March 30, 2018, Solicitor General Noel J. Francisco filed a motion with the U.S. Supreme Court in United States v. Microsoft Corporation that seeks to vacate the judgment of the U.S. Court of Appeals for the Second Circuit...more

Government and Microsoft In Agreement that Pending Case Mooted by CLOUD Act

On March 30, 2018 Solicitor General Noel J. Francisco filed a motion with the U.S. Supreme Court in United States v. Microsoft Corporation that seeks to vacate the judgment of the U.S. Court of Appeals for the Second Circuit...more

Reaching for the clouds - how the US government plans to access data stored abroad

As part of the recently enacted federal spending bill, the US Congress has passed a momentous piece of legislation directly affecting providers of electronic communication services like email service providers and social...more

Microsoft Joins Government’s Request to Render Fight over Access to Data Stored Abroad Moot

Yesterday, we reported that the Department of Justice has asked the U.S. Supreme Court to remand its dispute with Microsoft Corp. concerning access to customer emails stored abroad to the U.S. Court of Appeals for the Second...more

Government Urges High Court to Moot Microsoft Email Case

We’ve written several times about the landmark dispute between the U.S. government and Microsoft Corp. over access to a customer’s emails stored in Ireland. Now, a month after the U.S. Supreme Court heard oral argument on the...more

New Policy for Device Searches at Borders Issued by CBP

In early January 2018, U.S. Customs and Border Protection (CBP) announced an updated policy for searching electronic devices at U.S. borders. The new directive supersedes a previous directive that was released in August 2009....more

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