Criminal e-Discovery

Professionals >

One of the most rapidly expanding and evolving areas of law relates to e-discovery in government investigations and criminal matters, as electronically stored information (ESI) becomes the dominant form of evidence. Crowell & Moring’s lawyers are at the forefront of this developing field, counseling clients on the key planning, process, and strategic decisions from subpoena compliance through trial.

Our lawyers advise clients on all critical aspects of e-discovery in government investigations and criminal matters, including subpoena compliance (with the goal of making the process as efficient and as cost-effective as possible); international ESI and data privacy laws; cutting-edge Fourth Amendment issues relating to government searches and seizures of ESI; and post-indictment e-discovery challenges, including the manner and scope of the government’s ESI productions to the defense consistent with constitutional requirements (including Brady obligations). Our lawyers regularly speak and publish articles on criminal e-discovery, and leverage this knowledge to efficiently and effectively assist clients in identifying, preserving, analyzing, utilizing, and producing ESI.

Representative Engagements

  • Represented a major international shipping company in an antitrust investigation by the U.S. Department of Justice (DOJ) and EU authorities. In order to address U.S. jurisdictional concerns and EU privacy statutes, we developed a unique document collection, processing, and review solution that could be implemented entirely overseas. Specifically, we used a stand-alone document review operation in our Brussels office, which substantially reduced costs by avoiding expensive document hosting solutions offered by outside vendors. We were able to efficiently and effectively collect, process, review, and produce foreign-based documents (many of which were in various languages) in a manner that controlled costs and aided resolution of the case on favorable terms for our client.
  • Negotiated the scope of a broad subpoena, successfully convincing the government that, based on our experience and analysis of data, focusing on a more limited set of custodians than the government originally proposed, would be mutually beneficial. This successful narrowing of the subpoena saved our client substantial time and resources.
  • Challenged a search warrant’s failure to provide limitations on the procedures and/or conditions for the review of seized ESI, arguing that this violated the particularity requirement of the Fourth Amendment.

View More

Immunity Deal For Yacht Company Reveals US Strategy For Oligarch Probes (subscription is required) Global Investigation Review (June 24, 2022)
Press Coverage
"U.S. Supreme Court Poised to Resolve Two FCA Circuit Splits," Government Contracts Bullet Points (June 22, 2022). Contacts: Brian Tully McLaughlin, Michael Shaheen, Lyndsay A. Gorton, Amanda H. McDowell
Client Alert/Newsletter
Jan 6th Hearings Day 4: Breaking Down Shaye Moss's Emotional Testimony (video) MSNBC (June 21, 2022)
Press Coverage
The NLJ 500: Law Firm Size Matters When It Comes To Retention The National Law Journal (June 21, 2022)
Press Coverage
Despite Growing Evidence, A Prosecution Of Trump Would Face Challenges The New York Times (June 18, 2022)
Press Coverage
SEC’s New Crypto Enforcers Are Coming For DeFi, Lawyers Say CQ Roll Call (June 14, 2022)
Press Coverage
How I Made Practice Group Co-Chair: 'I Am Good At Building Relationships With Colleagues In Various Offices,' Says Daniel L. Zelenko Of Crowell & Moring Law.com (June 13, 2022)
Press Coverage
Does The Justice Department Want To Charge Trump? Here's What Could Happen. NBC News (June 11, 2022)
Press Coverage
The Jan. 6 Committee Puts Trump on Trial Next Week. Here’s How Not to Blow It VICE (June 3, 2022)
Press Coverage
"The SEC’s Administrative Proceedings May Soon Disappear," White Collar Alert (May 25, 2022). Contacts: Rebecca Lennon Baskin, Michael D. Mann, Daniel L. Zelenko
Client Alert/Newsletter

To view more News & Events for this area, please go to our desktop site.

Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

View Desktop Site | Mobile Sitemap |

Contact | Subscribe | Terms of Use | Privacy Statement | Alumni

© Crowell & Moring LLP 2022
Attorney advertising - prior results do not guarantee a similar outcome.