News & Analysis as of

Subpoenas

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

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

Wait, Why Am I Receiving This? Practice Pointers on Third Party Responses to Litigation Preservation Demands

by Butler Snow LLP on

Most commercial litigators are familiar with the process for responding to a subpoena demanding the production of documents from a non-party to litigation under Federal Rule of Civil Procedure 45. But interesting...more

Law Enforcement Has Found a New Way to Put a Finger on iPhone Evidence: eDiscovery Trends

by CloudNine on

A dead finger, that is. Believe it or not, cops are now opening iPhones with dead people’s fingerprints. A couple of days ago Sharon Nelson (on her excellent Ride the Lightning blog) covered a Forbes article that discussed...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

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

Hand it Over: SAFT-Based ICOs Challenged by SEC Subpoenas

by Farrell Fritz, P.C. on

The Wall Street Journal ominously reported on February 28 that the Securities and Exchange Commission recently issued dozens of subpoenas to initial coin offering issuers and their advisors demanding information about the...more

PTAB Allows Patent Owner to Subpoena and Depose Internet Archives Employee for Limited Purpose

In a recent order, the Patent Trial and Appeal Board (PTAB) granted Patent Owner’s request to seek a subpoena and cross-examine an office manager at the Internet Archives. The request relates to Petitioner’s submission of an...more

This Day in White Collar History: Remembering Henry Friendly

Henry Friendly still has my vote for the title of greatest American judge who ever served at any level. It’s the country’s misfortune that he never served on the U.S. Supreme Court. He did, however, spend nearly thirty years...more

Subpoenas, Subpoenas Everywhere: What's an ICO Issuer to Do?

There apparently has been significant shock and surprise over recent reports that the Securities and Exchange Commission (SEC) has issued a large number of subpoenas to initial coin offering (ICO) issuers and to ICO...more

Federal Government Challenges California’s “Sanctuary State” Status

Yesterday, the United States of America filed a lawsuit in federal court in Sacramento, naming California Governor Jerry Brown and Attorney General Xavier Becerra as defendants, and claiming that California’s proclaimed...more

Broad Post-Judgment Discovery

Once a creditor has secured a judgment against a debtor, questions may arise regarding which post-judgment discovery methods are available to aid in executing on a judgment. Questions such as whether it is permissible to...more

5 Ways to Fight a Subpoena From the U.S. Government

by Kobre & Kim on

Hedge funds and financial service providers in the cryptocurrency market have been the target of a recent barrage of investigative subpoenas from the U.S. Securities and Exchange Commission (SEC), U.S. Commodity Futures...more

United States v. Microsoft Raises Significant Questions Regarding Application of the Stored Communications Act

by White and Williams LLP on

On Tuesday, February 27, 2018, the US Supreme Court heard oral argument in connection with an ongoing dispute between the Department of Justice (DOJ) and Microsoft over data in the corporation’s datacenter in Ireland. At the...more

The Supreme Court Hears Oral Arguments In United States v. Microsoft

by Shearman & Sterling LLP on

On February 27, 2018, the U.S. Supreme Court heard oral arguments in United States v. Microsoft, No. 17-2. The case presents the question whether a U.S.-based entity (Microsoft) must comply with a judicially-authorized...more

“I’ve Made a Huge Mistake,” or: Don’t Ignore Grand Jury Subpoenas and Other (Less Obvious) Tips

“Don’t.” I imagine that word—or else a prolonged stunned silence—was the response of many attorneys and non-attorneys alike when former Trump campaign aide Sam Nunberg announced in a series of bizarre interviews today that...more

What Controls: The Location of the Data or the Location of the Searches for the Data?

by BakerHostetler on

The U.S. Supreme Court recently heard oral arguments in U.S. v. Microsoft, tackling the question of whether an organization can refuse to disclose foreign-stored data sought by the U.S. government through domestic warrants....more

A Data Privacy Question that Borders on Reach

by Harris Beach PLLC on

Location, Location, Location. While it is often used to describe a key to selling real estate, the location of a server may be just as important. The United States Supreme Court heard arguments on February 27, 2018, on...more

Microsoft's Day in Court Has Arrived... But What Are the E-Discovery Implications?

by Exterro, Inc. on

It’s not every day that cases with e-discovery implications land above the fold on the New York Times’ website, but this week the Supreme Court is scheduled to hear arguments in United States v. Microsoft. Stemming from a...more

Fourth Circuit Upholds Disclosure of Government Subpoena as Evidence of Loss Causation

The Fourth Circuit ruled yesterday that a plaintiff can sufficiently plead loss causation to establish a securities-fraud claim based on an “amalgam” of two theories: corrective disclosure, and materialization of a concealed...more

Producing Patient Records: The “Designated Record Set,” the “Legal Health Record,” and Records Created by Other Providers

Healthcare providers often misunderstand their obligation to provide patient records in response to a request from a patient or third party....more

Oh, And One More Thing . . . Issuing A Subpoena For Documents Under 28 U.S.C. § 1782 Also Requires Personal Jurisdiction Over The...

Under 28 U.S.C. § 1782, “[t]he district court of the district in which a person resides or is found may order him to . . . produce a document for use in a proceeding in a foreign or international tribunal . . . .” Courts in...more

ICE Inspections – What Employers Need to Know After AB 450

With the recent news regarding ICE raids on 7-11’s across the country, rumors of raids targeted at Northern California businesses and California’s Attorney General announcing plans to prosecute employers for violation of new...more

DLSE Publishes Voluntary Template for Required Employer AB 450 Notice

by Fisher Phillips on

Last year Governor Jerry Brown signed Assembly Bill 450 – the “Immigrant Worker Protection Act” – to prohibit employers from voluntarily consenting to federal immigration agency access to worksites without a judicial warrant,...more

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Cybersecurity

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