News & Analysis as of

Criminal Prosecution Evidence Discovery

Epstein Becker & Green

Even Privilege Logs Can Be Privileged Under the Fifth Amendment

Epstein Becker & Green on

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?

Purpose Legal on

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

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

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

Oberheiden P.C. on

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

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

Jones Day

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

Jones Day on

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

Hanzo

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

Hanzo on

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

Ward and Smith, P.A.

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

Ward and Smith, P.A. on

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

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