Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Using Extraterritorial Cyber Subpoenas To Obtain Evidence
Although the reach of the federal government is impressive, all 50 states as well as Puerto Rico, the Virgin Islands, and the District of Columbia have had for some time a powerful weapon in the form of the Uniform Act to Secure the Attendance of Witnesses from Without the State (Uniform Act) (available as adopted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) at http://bit.ly/1k6pLs3). Originally enacted in New York in 1936, it is used today to facilitate the issuance of extraterritorial or “cyber subpoenas,” with nationwide reach. For instance, these cyber subpoenas have been used to obtain a variety of records, from a request by a Georgia court for records of sealed matters in New York, to records of automobile manufacturers' confidential vehicle identification numbers used to trace stolen car parts, to casino card dealer observations, cash play, and computerized comps recorded by New Jersey casino establishments in a tax evasion case. See, generally, 11 U.L.A. ”1-8 (2014).
Cyber subpoenas have been used to obtain records maintained out-of-state by out-of-state witnesses. Both legitimate and illegitimate businesses require accurate and complete records of financial transactions to, among other reasons: balance the books; pay employees and suppliers; determine, pay or evade taxes; and insure the stability of an ongoing business. In a given criminal case, those records may prove guilt or establish a viable defense. For instance, the organized crime empire of Al Capone began to crumble with law enforcement obtaining and analyzing his business records. So it is foreseeable that when a business-related crime is involved, litigators for both the prosecution and defense seek to examine and inspect all the pertinent records. In the digital age, those records may be as mobile as the enterprise that created them. Obtaining the records of an enterprise may be the initial focus of significant intense litigation, and the methodology for obtaining those records is the subject of this article.
The Subpoena Duces Tecum
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.