News & Analysis as of

Search Warrant

Because We Can: Border Patrol Agent’s Presumed Authority To Search Your Electronic Devices

by Ifrah PLLC on

Getting past U.S. Customs used to be an annoyance, an aggravating delay. But unless you were attempting to bring into the country something untoward (say, a delightfully stinky French cheese), you were not overly concerned...more

Court Rejects DOJ’s Depiction of Google as “Willful and Contemptuous” Tactics in Ongoing Battle over SCA Search Warrant

A federal judge in California has agreed to hold Google in contempt for not following his order to turn over data stored overseas. The order is largely symbolic, however, since a contempt order is required for Google to...more

Federal Agent’s Misrepresentation in LG Search Warrant Affidavit Insufficient to Clear Qualified Immunity Hurdle

In Ganek v. Leibowitz, No. 16-1463 (2d Cir. Oct. 17, 2017) (Raggi, Chin, Carney), the Second Circuit reversed and remanded a district court’s determination that federal law enforcement authorities were not entitled to...more

U.S. v. Microsoft: Supreme Court to Review Scope of Search Warrant Compliance in a Digital Age

by Dorsey & Whitney LLP on

The US Supreme Court has granted certiorari to review a decision by the Second Circuit Court of Appeals, which reversed a District Court’s refusal to quash a warrant issued by the Department of Justice to Microsoft that would...more

UPDATE: Blurring The Line Between Foreign and Domestic: The Expansion of Search Warrant Powers Overseas

by Farella Braun + Martel LLP on

The fight over whether the government may access the data of companies and individuals that is stored overseas has officially made its way to the U.S. Supreme Court. On October 16, the Supreme Court agreed to review the...more

Location, Location, Location: Microsoft Debate Over Government’s Access to Overseas Data Heads to the Supreme Court

On October 16, 2017, the Supreme Court agreed to review the Second Circuit’s decision in United States v. Microsoft Corp., a case that highlights the current tension between law enforcement needs and privacy concerns in a...more

U.S. Supreme Court Takes Microsoft Corp. v. United States in Law Enforcement Access Row

by Hogan Lovells on

Last Monday, the Supreme Court granted certiorari in the Microsoft search warrant case, a case in which Microsoft challenged the U.S. government’s right to use the warrant process to obtain certain emails stored overseas. ...more

California Requires Employers to Have "Sanctuary" Worksites

by Payne & Fears on

Expanding California’s efforts to not cooperate with federal immigration authorities, Assembly Bill 450 imposes new requirements on employers when responding to government immigration worksite enforcement actions....more

Google Requests Contempt Order For $10,000 Sanctions Per Day Against…Google: eDiscovery Case Law

by CloudNine on

Last month, we wrote that Google went 0 for 2 in August in its request for review of warrant cases related to the Stored Communications Act of 1986 (SCA) and the order to produce ESI stored internationally that is subject to...more

Supreme Court to Hear Microsoft Emails Case

In an order issued on October 16, 2017, the U.S. Supreme Court granted certiorari in United States v. Microsoft Corporation, a case with potentially far-reaching implications for the privacy of electronic data maintained by...more

Justices to Hear DOJ Appeal on Microsoft Ruling: Is Email Stored Abroad Subject to a U.S. Warrant?

The Supreme Court is poised to finally answer the question that’s been plaguing federal courts across the country: must U.S. tech companies comply with warrants issued under the Stored Communications Act (“SCA”) that demand...more

California Seeks to Restrict ICE Workplace Raids

by Latham & Watkins LLP on

Employers should take practical steps to comply with a new bill requiring them to demand search warrants from ICE agents. Key Points: ..Employers need to train facility heads to respond to ICE Agents seeking access to...more

Justice Department Accuses Google of “Alarming” Tactics in Fight over SCA Search Warrant

The ongoing dispute between the government and Google concerning the company’s refusal to hand over customer data stored on foreign servers has taken an odd twist. Now, the Justice Department is demanding that Google be...more

Supreme Court to Discuss Granting Review in Microsoft E-Mails Case October 6

The U.S. Supreme Court recently indicated that it will consider the federal government’s petition for a writ of certiorari in United States v. Microsoft Corp. at its conference scheduled for October 6, 2017. United States v....more

Google Goes 0 For 2 in its Request for Review of SCA Warrant Cases: eDiscovery Case Law

by CloudNine on

As Tom O’Connor and I discussed last week in our ACEDS webinar Key eDiscovery Case Law Review for First Half of 2017, Google was ordered earlier this year to produce foreign stored emails by judges in California and...more

“Not so fast, my friend*” — Judge Orders DreamHost Comply with DOJ’s Disruptj20 Search Warrant, with Caveats

by Moore & Van Allen PLLC on

Can the government force the hosting service of an activist website company to turn over vast amounts of user data in order to track down political protesters? According to a federal court ruling, the answer — Yes, but...more

U.S. Attorney General Announces Plans to Pursue Leak Investigations

by Jackson Walker on

Earlier this month, U.S. Attorney General Jeff Sessions signaled a potential sea change in the Department of Justice’s treatment of the news media. Sessions proclaimed that the Justice Department will pursue leak...more

Judge Sides with Government over Google in the Latest Battle Rematch over the Territorial Reach of the SCA

Another federal judge has rejected the U.S. Court of Appeals for the Second Circuit’s interpretation of the Stored Communications Act (SCA), and has ordered Google to hand over customer email traffic—wherever located—to U.S....more

Government Dismisses All Charges In Benjamin Wey Securities Fraud Case After U.S. District Judge Suppresses All Evidence Obtained...

by Shearman & Sterling LLP on

On August 8, 2017, the Government moved to dismiss all charges against Benjamin Wey, the CEO of New York Global Group charged with securities fraud, wire fraud, conspiracy, and money laundering. United States District Court...more

Supreme Court to Review Digital Privacy (Part 1)

by Miles & Stockbridge P.C. on

In 1986, Congress passed an obscure statute called the Stored Communications Act that has become much more relevant 30 years later. The U.S. Supreme Court will have two opportunities to help define the scope of digital...more

ECPA Reform Legislation on the Horizon (Again)

by Reed Smith on

Three bipartisan Senate bills are up for consideration in Congress that would attempt to modernize the legal standards under which the U.S. government can access communications electronically stored by email service providers...more

Another Rematch Between Tech Companies and the Government over the Territorial Reach of the Stored Communications Act

Lawyers for the tech community are gearing up for argument next month in the U.S. District Court in San Francisco, seeking to overturn another magistrate’s order that requires digital information stored outside of the U.S. to...more

DOJ Asks SCOTUS to Take on Microsoft Case and Verizon Suffers its own Data Breach: eDiscovery Trends

by CloudNine on

A rare two-topic day, but both are notable… Remember the Microsoft Ireland Warrant case, where the Second Circuit reversed earlier rulings and denied the government’s efforts to compel Microsoft to provide emails in that...more

Solicitor General Urges Supreme Court Review of Second Circuit Microsoft Decision

On June 23, 2017, the Office of the Solicitor General (OSG) filed a petition for a writ of certiorari with the United States Supreme Court requesting reversal of a 2016 decision in which the U.S. Court of Appeals for the...more

Circuit Reverses Over-Expansive Forfeiture Order

On July 7, 2017, the Second Circuit (Jacobs, Leval, Raggi) issued a short summary order in United States v. Stegemann. Most of the order is dedicated to affirming the defendant’s conviction at trial on several drug and...more

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Cybersecurity

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