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Electronic Discovery In The Criminal Context - Slide Presentation (22 pp) (relevancy score: 100%)

by The Hon. Ronald J. Hedges John Haried Justin P. Murphy Kenneth J. Withers, Esquire Sean Broderick
from Electronic Information: The Investigation, Prosecution and Defense of Crimes (December 2, 2010)

3 c tic je rv th n io te F a 7 b e re . S o a O G F re M U N m ­ 10 9 d le e g th in le g rm zz ilin te u cn "in re ) . . . t to rc re a m le a in e g t a t in a s th e te h s c s re e n in le ts io a p (9 e d t th ls ld o e f e a 1 ro a u le tra th tric tly b n in s o 9 c ria o th a is "th rig is m o a p s s n n g te a th h h g r " ' g s n s 5 e te ts s g le a D d a o o d a le re m n e u o ffe .

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Electronic Discovery In The Criminal Context “Representative Decisions” (48 pp) (relevancy score: 100%)

by The Hon. Ronald J. Hedges John Haried Justin P. Murphy Kenneth J. Withers, Esquire Sean Broderick
from Electronic Information: The Investigation, Prosecution and Defense of Crimes (December 2, 2010)

WORDS AND PHRASES: FOURTH AMENDMENT, SEARCH WARRANT, SCOPE OF SEARCH United States v. Beckett, 2010 WL 776049 (11th Cir. WORDS AND PHRASES: ELECTRONIC COMMUNICATIONS PRIVACY ACT, SEARCH WARRANT, SCOPE OF WARRANT United States v. Borowy, 2010 WL 537501 (9th Cir. WORDS AND PHRASES: PROBABLE CAUSE, REASONABLE EXPECTATION OF PRIVACY, SEARCH WARRANT United States v. Christie, No.

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E-Discovery in Criminal Matters – Emerging Trends & the Influence of Civil Litigation Principles Post-Indictment E-Discovery Jurisprudence (12 pp) (relevancy score: 100%)

by Justin P. Murphy
from Electronic Information: The Investigation, Prosecution and Defense of Crimes (December 2, 2010)

This article will address the influence of established civil litigationprinciples on criminal matters, how courts manage what can often be governmentintransigence toward defendants' discovery rights and requests related to ElectronicallyStored Information ("ESI"), and suggests civil litigation principles that may eventuallyimpact criminal defendants. P. 34(a) indicate that federal rules take an "expansive approach toward discovery of ESI and that discovery of [ESI] stands on equal footing ...

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Official Transcript, Electronic Information in Criminal Actions, Presented by The United States District Court for the District of New Jersey In association with The Sedona Conference Monday, June 14, 2010 (174 pp) (relevancy score: 100%)

by
from Electronic Information: The Investigation, Prosecution and Defense of Crimes (December 2, 2010)

8 This program should be considered for 9 criminal practitioners and federal judges sitting on 13:13 10 criminal cases the serious question of how the 11 electronic information explosion has transformed the 12 American legal system in the area of criminal law. 8 Today the Sedona Conference has 9 brought together a panel national experts on 13:14 10 electronic information in criminal actions.

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Criminal Cases (12 pp) (relevancy score: 100%)

by The Hon. Ronald J. Hedges
from Electronic Information: The Investigation, Prosecution and Defense of Crimes (December 2, 2010)

Here, the court declined to suppress evidence of child pornography seized from a computer pursuant to a search warrant. Accepting the district court's findings of fact that the officer was searching for evidence of voyeurism, the Court of Appeals rejected the appeal. The Government then secured a search warrant for the defendant's residence to search for evidence of drug manufacturing.

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Investigations and Prosecutions Involving Electronically Stored Information (12 pp) (relevancy score: 100%)

by
from Electronic Information: The Investigation, Prosecution and Defense of Crimes (December 2, 2010)

In fact, the receiving and Use of Metadata), the ABA concluded that the lawyer has an affirmative obligation to consult rules "generally permit" a recipient lawyer to the sending lawyer to determine whether to return review and use such inadvertently sent information or destroy the document. 341 (no date given) (discussing documents received from opposing counsel, so Review and Use of Metadata in Electronic long as the recipient lawyer promptly notifies the Documents), available at...

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CJA Panel Attorney Resources: A Guide to Litigation Support Software & How to Obtain Resources in the CJA System (26 pp) (relevancy score: 100%)

by
from Electronic Information: The Investigation, Prosecution and Defense of Crimes (December 2, 2010)

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Federal Court Decisions Involving Electronic Discovery, January 1, 2009 – September 30, 2010 (90 pp) (relevancy score: 100%)

by Kenneth J. Withers, Esquire
from Electronic Information: The Investigation, Prosecution and Defense of Crimes (December 2, 2010)

The court ruled that monetary sanctions were appropriate and ordered the plaintiffs and their counsel to reimburse the defendant its half of the cost of the certified computer forensic technician the parties jointly retained to search the plaintiffs' systems. First, the defendant requested the production of ESI in September, but the plaintiff, as the court noted, "stonewalled" the defendant for several months. The plaintiff also sought detailed discovery of the defendant's computer system, ...

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Introduction to Cloud Computing and Its Ethical Implications—Is There a Silver Lining? (NYPRR - May 2010) (8 pp) (relevancy score: 100%)

by Maura R. Grossman
from Cloud & Web Computing: How Courts Are Responding to New Technologies in Litigation (December 2, 2010)

In the second part of this series, we will consider a set of legal and ethical issues implicated by cloud computing, primarily when it is the lawyer's client that makes use of this technology. Ethical Issues When Law Firms Employ Cloud Computing ­ Is the Cloud So Different From Outsourcing? If cloud computing is merely a form of outsourcing, are the ethical issues related to cloud computing really any different for law firms?

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Issues Paper Concerning Client Confidentiality and Lawyers’ Use of Technology (for Comment; September 20, 2010) (12 pp) (relevancy score: 100%)

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from Cloud & Web Computing: How Courts Are Responding to New Technologies in Litigation (December 2, 2010)

A Brief Overview of Law Practice Technology ABA Standing Committee on Ethics and Professional Responsibility Philip H. Schaeffer The Working Group and Commission have focused on two related types of New York, NY technology that lawyers commonly employ. I. Confidentiality-Related Issues of Interest to the Commission The Commission is studying how lawyers use these forms of technology as well as the current state of data security measures for each form of technology.

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Cloud Computing: Risk, Compliance, Ethical & Contractual Issues (28 pp) (relevancy score: 100%)

by Jon A. Neiditz
from Cloud & Web Computing: How Courts Are Responding to New Technologies in Litigation (December 2, 2010)

s fro r's se e e rn fid d n ce n id id a te v v r re ia ro ro r le f co d s. e tio p ye e p o e ye w m a e g ch n w st a la re t th a t th la u re e lig r a a e ch tly r m b n b a th yg a st th ye n ss th B lo e r if th e le o g w e n fficie Y firm n n g , o la u te e s b su N co ch su a a n u ice h e cific O re s te to r, th rv e n qe e re b e lly a d e se tio idv e ve p ica a r a a d r th ctive e ro e , S rm g p f th s h rio n e th n d o e ffe fo e n m re e h tio se le s in t lo t th a u b...

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New York State Bar Committee on Professional Ethics, Opinion 842(September 10, 2010) (8 pp) (relevancy score: 100%)

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from Cloud & Web Computing: How Courts Are Responding to New Technologies in Litigation (December 2, 2010)

50 51 52 53 54 ALI-ABA 09/07/2010 STATE MCLE CONTACTS Alabama Delaware Indiana Minnesota Ms. Angela Parks Ms. Margot Millar Ms. Julie Orzeske Ms. Liz Vanderbeek Director of Regulatory Programs Executive Director Executive Director CLE Administrator Alabama State Bar Commission on CLE of the Supreme Indiana Supreme Court Minnesota Board of CLE 415 Dexter Avenue Court of Delaware Indiana Commission for CLE Suite 950 PO Box 671 Carvel State Office Building 30 South Meridian Street 180 East 5th ...

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Hiring And Firing In The Facebook Age (With Sample Provisions) (8 pp) (relevancy score: 100%)

by William C. Martucci, Jennifer K. Oldvader, and Justin D. Smith
from the The Practical Lawyer Vol. 56 No. 5

Furthermore, it is well established that Some states have enacted off-duty conduct employers can fire employees for activity or lack statutes, which prohibit employers from discharg- thereof whileonthejob.Whatismuchlesscertain ing employees who engage in lawful activities out- iswhetherandwhenemployerscanfireemployees sideof work.See, e.g.,Cal.Lab.Code§§96(k),98.6 forcommentsmadeonablogorsocialnetworksite (protects employees from adverse employment while off duty. How- An employee must not ...

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City of Ontario, California, et al. v. Quon, et al. (no. 08–1332; June 17, 2010) (28 pp) (relevancy score: 100%)

by
from Workplace Privacy--The Supreme Court Rules on Text Messages in Quon (July 22, 2010)

Held: Because the search of Quon's text messages was reasonable, peti- tioners did not violate respondents' Fourth Amendment rights, andthe Ninth Circuit erred by concluding otherwise. The panel agreed with the District Court that Jeff Quon had a reasonable expectation of privacy in his text messages but disagreed with the District Court about whether the search was reasonable. Respondents contend that because Duke told Quon that an audit would be unnecessary if Quon paid for the overage, ...

More Information: City of Ontario, California, et al. v. Quon, et al. (no. 08–1332; June 17, 2010) Buy Coursebook  Preview Preview Paper Add to Cart Buy Paper  $29.00


Investigations, Interrogations, and Workplace Surveillance of Current Employees (30 pp) (relevancy score: 100%)

by
from Workplace Privacy--The Supreme Court Rules on Text Messages in Quon (July 22, 2010)

The Wiretap Act generally prohibits employers from listening in on or recording "live" employee telephone or electronic communications if no party to the communication consents, unless an exception applies. The Ninth Circuit recently held that the Wiretap Act does not encompass retrieval of "stored" electronic communications (e.g., e-mail) or wire communications (e.g., voice mail messages). 1. If an employer only monitors the employee's side of a conversation, give prior written notice to ...

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City of Ontario v. Quon: A Cautious Step into the Future (8 pp) (relevancy score: 100%)

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from Workplace Privacy--The Supreme Court Rules on Text Messages in Quon (July 22, 2010)

On June 17, 2010, the United States Supreme Court decided Ontario v. Quon.2 The Court was asked to determine whether a government employer's search of an employee's text messages on an employer-owned pager violated the employee's Fourth Amendment right to protection against unreasonable searches. While Quon established that a public employer's search of employee text messages on an employer-owned pager may be a reasonable search under the Fourth Amendment, Quon only touched on broader issues...

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Analysis of and Information About City of Ontario, California, et al. v. Quon, et al. (12 pp) (relevancy score: 100%)

by
from Workplace Privacy--The Supreme Court Rules on Text Messages in Quon (July 22, 2010)

Links and Further Information Media Links Christian Science Monitor: Supreme Court to Look at Employees' Privacy Rights (Dec. 14, 2009) New York Times: Supreme Court Takes Texting Case (Dec. 14, 2009) 74 Los Angeles Times: Supreme Court Takes Up Text Privacy Case (Dec. 15, 2009) Washington Post: Court to Rule on Privacy of Texting (Dec. 15, 2009) The Associated Press: Court Takes Up Public Employees' Privacy Rights (Apr. 19, 2010) Fox News: Supreme Court Hears Arguments in California "...

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Internal Investigation Protocol for “Internal Investigations in the Real World” (28 pp) (relevancy score: 100%)

by Paul E. Starkman, Esquire
from Internal Investigations in the Real World: Attorney-Client Privilege, Work-Product Doctrine, and Beyond (May 19, 2010)

If litigation or a governmental investigation is reasonably anticipated, consult with the Company's attorneys to determine whether the Company must suspend its normal document retention/destruction policies and preserve documents, emails, images and other electronically-stored information concerning your investigation. Tell the interviewee that the interview is being conducted for the purpose of enabling the Company to obtain legal advice from its attorneys, the interview will be covered by ...

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Overseeing Workplace Investigations: What Every In-House Counsel Needs to Know (18 pp) (relevancy score: 100%)

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from Internal Investigations in the Real World: Attorney-Client Privilege, Work-Product Doctrine, and Beyond (May 19, 2010)

2 32 2. The Legal Context in Which Workplace Investigations Occur There are many legal requirements to which employers are subject, the breach of which would trigger a workplace investigation. Employers are probably most aware of investigations into alleged human rights breaches, as these are still the most common type of workplace investigation. (a) The Workplace Investigation Policy One of the most important issues on which counsel can make a meaningful contribution, is the creation of a ...

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Effective Advocacy for Counsel Representing Employees in a Workplace Investigation: Some Thoughts from a Workplace Investigator (14 pp) (relevancy score: 100%)

by Janice Rubin
from Internal Investigations in the Real World: Attorney-Client Privilege, Work-Product Doctrine, and Beyond (May 19, 2010)

48 Effective Advocacy for Counsel Representing Employees in a Workplace Investigation: Some Thoughts from a Workplace Investigator Originally prepared for The Six-Minute Employment Lawyer 2009 June 17, 2009, Law Society of Upper Canada Toronto, Ontario Janice Rubin Rubin Thomlinson LLP 20 Adelaide Street East, Suite 1104, Toronto, Ontario M5C 2T6 Tel: 416-847-1814 Fax: 416-847-1815 www.rubinthomlinson.com 49 Effective Advocacy for Counsel Representing Employees in a Workplace Investigation: ...

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