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Government Enforcement Exposed - "The GEE"
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17 May 2018 Don’t Overthink It! Advocate for Easy to Understand Jury Instructions to Effectively Communicate Your Case

Have you ever read a full set of jury instructions for a criminal trial, let alone a civil trial? What about just one instruction for one element of a crime? Can you recall Jack McCoy ever reciting the law to the jury in a closing argument on “Law and Order?” Jury instructions are a powerful tool and can play a vital role in communicating your client’s case to the jury. The key is making the instructions simple, concise and in plain English.  Far too often lawyers miss the opportunity to advocate for their clients and communicate with the jury – through the most powerful medium, the Court – simply because they fail to advocate for simpler, easier to understand jury instructions.   The education level…

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29 Jul 2016 Second Circuit Confirms Privacy Rights and Territorial Limits of Search Warrants Under the Stored Communications Act

Recently, the U.S. Court of Appeals for the Second Circuit handed Microsoft and privacy advocates a landmark win limiting the “long arm of justice” to within the United States’ own borders.  In a highly anticipated ruling, the Second Circuit, In the Matter of a Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corporation, unequivocally stated that the federal government cannot use a search warrant to compel a U.S. corporation to provide the email contents of its customers which are stored outside the U.S.   Historically, the Department of Justice (DOJ) interpreted its jurisdictional reach to have little or no boundaries.  For decades, companies have been required to produce documents and witnesses from overseas for ongoing criminal investigations simply by service of…

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19 Jul 2016 Did the Supreme Court Pave the Way for Court-Sanctioned Mass Hacking?

  In late April of this year, the U.S. Supreme Court adopted an amendment to Federal Rule of Criminal Procedure 41(b) that would allow judges to issue warrants permitting the FBI to access computers located outside the court’s jurisdiction. As many technology and privacy groups point out, this proposed change could have a remarkable effect on a judge’s ability to issue warrants, not to mention the severe impact on data privacy rights.   Deadline Looms for Congress to Act   Currently, Rule 41(b) only allows a court to issue search and seizure warrants for property located within the issuing court’s district. As proposed, the amendment would allow courts to issue warrants authorizing the FBI to remotely access and seize electronic media stored outside its district if:…

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28 May 2015 RENEWED GOVERNMENT INTERFERENCE IN ATTORNEY FEE ARRANGEMENTS?

For decades, employees who were not in a position to be covered by Director’s & Officer’s insurance have relied upon employment agreements or the simple generosity of their employer to pay legal fees associated with government investigations and prosecutions. Moreover, in an age where the Department of Justice’s jurisdictional reach seems to be growing by the minute, companies facing long-lasting and wide-reaching government investigations many times rely upon one single law firm to represent multiple employees who may be interviewed by the government or serve as a grand jury witness. The benefits to the company are obvious and numerous – the company does not have to pay an additional set of lawyers to familiarize themselves with the facts of the investigation and it is able…

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