By: Sara Kropf In Part I of the series, I introduced the idea that defense counsel are increasingly fighting back against DOJ in creative ways. In Part II, we talked about Sheldon Silver and his defense counsel's efforts to use DOJ's very public statements against Mr....
By: Sara Kropf When the government executes a search warrant in a white-collar case, it may seize documents that are protected by the attorney-client privilege. As I've posted before about this issue, the government will often assert that a “taint team” should review...
By: Sara Kropf On June 25, 2014, the United States Supreme Court issued a unanimous opinion in Riley v. California, holding that the government generally cannot conduct a warrantless search of a suspect’s cellphone. The decision was front-page news. Most precedent...
By: Sara Kropf At the recent ABA White Collar Crime Institute in sunny Miami, I was lucky enough to be on an excellent panel about search warrants. The panel was notable because it had a solid cast of speakers and was in a room the size of my entire house. About 150...
By: Sara Kropf Our mobile devices increasingly hold the details of our lives. Our phones hold the names and contact information of our friends, family and colleagues. They maintain our calendars and plans. They track our internet activity and preferences, store...
By: Sara Kropf Finally…a case that is not connected to the Galleon insider trading investigation, or SAC Capital or, any of the usual white-collar suspects. In Galpin, the Second Circuit addressed the scope of the government’s search of a defendant’s computer hard...