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Government Enforcement Exposed - "The GEE"
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01 Apr 2014 ILLINOIS SUPREME COURT FINDS EAVESDROPPING LAW UNCONSTITUTIONAL, BUT DON’T TELL ROSE MARY WOODS JUST YET

  The Illinois Supreme Court has concluded in two recent cases that Illinois’s long-standing prohibition against recording conversations unless all parties consent to the conversation is unconstitutionally overbroad. The Court determined that the statute prohibited recording conversations that could not possibly be deemed private and potentially applied to numerous situations, like recording public interactions with law enforcement or government officials, which arguably impinged on the public’s First Amendment rights. For a more detailed account of the Court’s rulings and its potential impact in the employment arena, see the recent client alert published by the Firm’s Labor & Employment law group.   Whether these decisions have any lasting impact, though, remains to be seen. The Court did not conclude that the notion of a two-party consent…

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27 Feb 2014 A Little-Known Exception to the 4th Amendment: Is Your Company’s Confidential, Proprietary Data Safe from Government Inspection When Entering the U.S.?

By Brian Weir-Harden* |    You arrive home to the United States from an international business trip. Customs directs you to open your bags for an inspection. Unconcerned, you acquiesce. The Customs Agent goes through your bags and finds nothing of interest, except your work laptop. To your surprise, the Customs Agent asks you to turn it on. He randomly opens files and reviews their contents. To your further surprise, the Customs Agent informs you that he will need to temporarily confiscate your work laptop in order to conduct a forensic examination. He takes your computer and makes an image of all its contents. You think to yourself, “This must be a violation of my Fourth Amendment rights against unreasonable searches and seizure, right?”   The answer:…

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