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Category Archive for: E-Discovery in Criminal Cases

Are Employees Required to Disclose Passwords or Encryption Keys During Government Investigations?

Employees could be compelled to provide passwords to corporate data sought by a government investigation, but the Fifth Amendment might apply.

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The Web Page Authentication Dance — A Two Step

Authenticating evidence from the web or social media is often a two-part question: 1) Did it actually appear on the web?; and 2) Who really posted it?

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Can Your Client Claim the Fifth to Avoid a Document Subpoena?

If compliance with a subpoena has "communicative aspects," it may fall under the "act-of-production" protection of the Fifth Amendment.

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Supreme Court Cell Phone Decision Impacting Civil Discovery

Holding in Riley v. California that cell phone search requires warrant noted by Federal court in denial of plaintiff's request to inspect cell phones.

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Judges Question DOJ Two Step Approach to Email Searches

Two federal judges question the constitutionality of the process utilized by the Department of Justice to review e-mail communications in investigations.

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