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Criminal Prosecution › Self-Incrimination › 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

EDRM - Electronic Discovery Reference Model

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

EDRM - Electronic Discovery Reference Model on

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

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

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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