Criminal Prosecution, Discovery, Criminal Investigations

Even Privilege Logs Can Be Privileged Under the Fifth Amendment

Epstein Becker & Green on 2/21/2025

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

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

EDRM - Electronic Discovery Reference Model on 5/9/2024

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

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

Robinson+Cole Environmental Law + on 2/28/2024

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

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

Jackson Lewis P.C. on 11/14/2019

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

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

Jones Day on 11/11/2019

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

Discovery Rules Continue to Evolve for Cases Involving Social Media

Pillsbury - Internet & Social Media Law Blog on 10/6/2015

Your social media content is not only susceptible to hacking; it’s also susceptible to disclosure requests from civil litigants (see our Sept. 14 blog post for more details) and even prosecutors without your consent if they...more