BNA INSIGHTS: Sixth Circuit Finds Stored Communications Act Unconstitutional, Providing Further Momentum for Electronic Communications Privacy Act Reform, Possible Supreme Court Review

A recent decision by the United States Court of Appeals for the Sixth Circuit invalidating part of the Stored Communications Act (SCA) casts doubt on law enforcement’s ability to access e-mail communications without a warrant, and renews questions about updating the Electronic Communications Privacy Act (ECPA)…

BNA INSIGHTS: Preparing for the Perfect Storm: What Every Foreign Corrupt Practices Act Lawyer Should Know about Electronic Discovery

Whether a company is conducting an internal Foreign Corrupt Practices Act (FCPA) 1 investigation or handling contentious FCPA litigation against the U.S. Securities and Exchange Commission (SEC) and/or the U.S. Department of…

Personal Laptop Was Not Electronic Communications Service or Facility under Electronic Communications Privacy Act, Court Rules

An individual’s laptop, where he saved e-mail, was neither an electronic communications service nor an electronic communications facility, so unauthorized access to…

New Jersey Supreme Court Backs Employee Privacy in E-mails with Lawyer on Company Laptop

A New Jersey health care executive who used a company laptop to exchange messages with her attorney on a personal password-protected e-mail account had a reasonable expectation of privacy that was violated when her employer retrieved and read the messages from the computer’s hard drive, a unanimous New Jersey Supreme Court affirmed March 30.