Legal Research

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White-Collar Crime
Tuesday, January 5, 2010
By Elkan Abramowitz and Barry A. Bohrer

"Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write: E-mail and other electronic evidence have become the hallmarks of modern day white-collar investigations. When a criminal investigation extends into the workplace, the interplay between electronic evidence and an employee's reasonable expectation of privacy with respect to that data takes center stage. In addition, corporate employers must contend with expansive requests from the government for electronically stored data. Two recent cases, one of which has been granted certiorari by the U.S. Supreme Court, signify a continuing effort by courts to more clearly define the parameters and constitutional limits around electronic evidence."

Corporate Insurance Law
Tuesday, January 5, 2010
By Howard B. Epstein and Theodore A. Keyes

"Howard B. Epstein, a partner at Schulte Roth & Zabel, and Theodore A. Keyes, special counsel at the firm, write: In 1971, the New York State Legislature passed a law mandating that comprehensive general liability policies issued to corporate or industrial insureds exclude pollution coverage for all but sudden and accidental pollution claims. In 1982, that statute was repealed. Nevertheless, more than 25 years after its repeal, the statute continues to impact current insurance coverage disputes."

OUTSIDE COUNSEL:

Free With Registration: The Bench Trial Option in White-Collar Criminal Cases
Tuesday, January 5, 2010
By Evan T. Barr and Kristin M. Darr

"Evan T. Barr, a partner at Steptoe & Johnson, and Kristin M. Darr, an associate with the firm, write: A jury trial is always the "default" position, since it is generally much harder for the prosecution to establish guilt beyond a reasonable doubt to 12 individuals than to a single finder of fact. But there are cases where defense counsel concludes that a jury is simply not able to apply the presumption of innocence, traditionally, in cases such as excessive force by a police officer or an individual charged with sex offenses. Given the current widespread public hostility toward corporate defendants, clients and their counsel in major financial fraud cases are also well advised to at least consider the possibility of opting for a bench trial."

TECHNOLOGY TODAY:

Cases Stress Need to Be Clear on Storage, Retention Policies
Tuesday, January 5, 2010
By Mark A. Berman

" Mark A. Berman, a partner at Ganfer & Shore, discusses recent decisions that address the need to properly preserve and implement a "litigation hold" of e-mails; demonstrate that one still needs to sufficiently justify a request for e-discovery and that overbroad demands will not be countenanced; and show the increasing use of non-party records that would indicate whether on a certain relevant date and time a person was accessing the Internet or using a BlackBerry and cellphone device in car accident cases."