News & Analysis as of

Criminal Prosecution Discovery

A&O Shearman

Northern District Of California Finds Willful Violation Of Injunction By Apple, Orders Enforcement and Refers Matter For Criminal...

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On April 30, 2025, Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California granted a motion by Epic Games, Inc. to enforce a 2021 injunction against Apple Inc., finding that a...more

Davidoff Hutcher & Citron LLP

Brooklyn District Attorney Eric Gonzalez – Innovative Approach to Safety

In this latest episode, Host Zack Fink conducts a newsmaker interview with Brooklyn District Attorney Eric Gonzalez. Using new methods of technology to prosecute crimes, Gonzalez has brought an innovative approach to keeping...more

Epstein Becker & Green

Even Privilege Logs Can Be Privileged Under the Fifth Amendment

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On January 28, 2025, the U.S. Court of Appeals for the Ninth Circuit issued a significant ruling reinforcing the Fifth Amendment’s protection against self-incrimination and clarifying the attorney-client privilege in the...more

Herbert Smith Freehills Kramer

Second Circuit Affirms Order Compelling Disclosure of Attorney-Client Communications Subject to the Crime-Fraud Privilege...

On Feb. 7, 2025, the U.S. Court of Appeals for the Second Circuit in In re Two Grand Jury Subpoenas Dated Sept. 13, 2023 affirmed the Southern District of New York’s order compelling a partner at a law firm and the firm to...more

Purpose Legal

What is the Chain of Suspicion?

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Understanding what is the chain of suspicion in a legal setting is extremely important, especially when it comes to a digital forensic examiner. The chain of custody is suspicion for things like criminal defense work,...more

Holland & Knight LLP

Texas Case Offers Lessons Learned from Data Requests and Criminal Causes of Action

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In Angelyn A. Olson et al. v. The Consilio LLC, et al. filed in Tarrant County, Texas, plaintiff Angelyn Olson alleged that she was involved in other litigation during which an e-discovery service provider (Consilio) was...more

EDRM - Electronic Discovery Reference Model

Prosecutors and AI: Navigating Justice in the Age of Algorithms

AI has the potential to transform the criminal justice system through its ability to process vast datasets, recognize patterns, and predict outcomes. However, this potential comes with a profound responsibility: ensuring that...more

EDRM - Electronic Discovery Reference Model

[Webinar] ESI and Crimes: Catching Criminals and Protecting Rights - May 22nd, 1:00 pm - 2:00 pm ET

Electronic information in various forms is now a common feature in the investigation and prosecution of crimes. The search for and use of that information presents issues under the Fourth, Fifth, and Sixth Amendments as well...more

Robinson+Cole Environmental Law +

EPA Office of Criminal Enforcement, Forensics and Training Receives Good Grades from OIG, but Room for Improvement

The EPA Office of Inspector General’s (OIG) February 15, 2024, report on EPA’s practices in collecting, retaining, and producing criminal discovery materials in environmental cases found that EPA’s special agents largely...more

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

Rodemer Kane Attorneys at Law

I'm Only Charged With Speeding, What Can A Defense Attorney Do For Me?

Sometimes people think that the evidence against them is so overwhelming that there's no reason to fight the charges. Other times, people have no criminal history, what they’re charged with doesn’t seem that serious, and the...more

Association of Certified E-Discovery...

The Practical and Potential Impact of Forensic Investigation

Something identified in the course of normal eDiscovery often turns a case into a forensics investigation. In a recent webinar, we examined several case studies, and here we dive a little deeper into one of the examples...more

Oberheiden P.C.

Indicted on Healthcare Fraud Charges? 5 Things to Expect & 3 Potential Outcomes

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The U.S. Department of Justice (DOJ) is cracking down on healthcare fraud, and many providers are finding themselves facing serious allegations. This includes criminal allegations in many cases. If these allegations lead to a...more

Goodwin

Biogen Inc. Wins Some, Loses Some, in Delaware Chancery Court Corporate Records Suit

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Biogen Inc. Wins Some, Loses Some, In Delaware Chancery Court Corporate Records Suit; Southern District of Florida Dismisses Securities Fraud Class Action Against Norwegian Cruise Lines Stemming From Alleged Impacts of...more

Cozen O'Connor

Notice of Appeal - Fall 2020

Cozen O'Connor on

Precedential Opinions of Note - Evidence from Outside Limitations Period Permissible to Prove Ongoing Scheme to Defraud - United States v. James (April 3, 2020), No. 19-1250...more

White & Case LLP

SL Claimants v Tesco: High Court clarifies the confidentiality of documents referred to in separate criminal proceedings

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In SL Claimants v Tesco Plc,1 the High Court considered a number of issues relating to disclosure during the fourth case management conference in those proceedings. Of particular interest to practitioners and parties to...more

Jackson Lewis P.C.

[Webinar] What You Need to Know When Government Investigators Knock - December 4th, 2:00 pm ET

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Receiving notice that the government is investigating your organization, employees or corporate and/or scientific practice can be a cause for alarm – but it doesn’t have to be. Former federal prosecutors and Jackson Lewis...more

Jones Day

Compulsion of Employee Evidence That May Incriminate Corporate Employers: The High Court Deliberates

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The Situation: A recent decision of the Full Court of the Federal Court of Australia has significant implications for prosecuting authorities, including corporate regulators. The decision affects the circumstances in which an...more

Perkins Coie

Blockchain Week in Review - August 2019 #4

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U.S. Developments - Enforcement and Litigation Developments - Craig Wright Faces Sanctions - Craig Wright, the self-proclaimed inventor of Bitcoin, has been tied up in litigation since February 2018 related to his...more

Hanzo

Fight Fire With Fire: Using Artificial Intelligence to Find Discoverable Information Online

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Here’s a scenario that might be common enough in your day-to-day life: imagine that you’ve misplaced your wallet. (Apparently, Americans do this a lot. Statistics show we spend two and a half days each year looking for...more

Skadden, Arps, Slate, Meagher & Flom LLP

Enforcement Focus on China: What Companies Should Do to Be Prepared

On January 29-30, 2019, Skadden and Han Kun Law Offices co-hosted two seminars — first in New York, then in Washington, D.C. — titled “Enforcement Focus on China: What Companies Should Do to Be Prepared.” Topics included the...more

Epiq

Legal Trends and Challenges in Asia

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For many legal practitioners, Asia remains a legal challenge, “whether it’s the different data sources, the lack of familiarity with case law or an understanding of the legal landscape in different countries, from Hong Kong...more

Ward and Smith, P.A.

A Parallel Universe: Navigating Discovery in Concurrent Civil and Criminal Proceedings

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As criminal law has expanded into almost every sector of the American economy, one byproduct is the rise of "parallel proceedings"—lawsuits that proceed concurrently in criminal and civil court based on largely the same...more

Foodman CPAs & Advisors

How A Defendant Won The Lottery!

The decision to hire a Forensic Accountant can be like buying a lottery ticket. Not all Forensic Accountants are equal. Not all possess the characteristics and critical success factors of an effective Forensic Accountant,...more

Seyfarth Shaw LLP

The Peculiar “Personnel-ity” of California Personnel File Inspection Laws

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Seyfarth Synopsis: Within the last few years, the California Legislature has amended laws related to an employee’s right to inspect personnel records, intending to ensure employees have access to those records. Since then,...more

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