Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Electronic Search and Seizure
The long-running BALCO steroid investigation that led to the indictment of Major League Baseball star Barry Bonds has resulted in a potentially landmark decision about how government agents apply for and execute search warrants for electronically stored information (ESI). In United States v. Comprehensive Drug Testing, Inc., 579 F.3d 989 (9th Cir. Aug. 26, 2009), an 11-member “en banc panel” of the Ninth Circuit affirmed a district court ruling ordering the government to return an overbroad set of electronic data seized under a search warrant. This decision may force the Department of Justice (DOJ) to adjust its procedures for ESI search warrants ' a common tool for gathering evidence ' in the midst of the government's recent efforts to step up enforcement of federal laws.
The 'Plain View' Doctrine
While some courts have previously required ESI search protocols to limit the scope of electronic data the government may seize and the manner in which it may review the seized information, most courts have not imposed rigid limits. Instead, they have generally permitted the government to gather broad quantities of data for later analysis with no meaningful court supervision or mechanism for the impacted business to monitor or narrow the scope of data reviewed by the government. Such a permissive approach exposes businesses and individuals whose ESI is seized to the risk that the government, under the “plain view” doctrine, will gain access to data entirely unrelated to the search warrant.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.