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Electronic Information in Criminal Investigations & Proceedings, Part I: Constitutional Issues

(196 reviews)

Produced on April 27, 2020

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Course Information

Time 61 minutes
Difficulty Intermediate

Course Description

Electronic information is now a common feature in the investigation, prosecution, and defense of criminal cases. Many types of electronic information raise issues under the Fourth and Fifth Amendment that have been addressed by the United States Supreme Court as well as other federal and state courts throughout the Nation, and some which have yet to be decided. This presentation will address these constitutional issues and suggest strategies that may be useful to both prosecutors and defense counsel in criminal cases.

The program is taught by Ronald Hedges, a Dentons Senior Counsel with extensive e-discovery experience, Elizabeth Roper, the Deputy Chief of New York County’s District Attorney’s Cybercrimes and Identity Theft Bureau, and Jay Shapiro, a former prosecutor, litigator, and investigator with White and Williams LLP. 



Learning Objectives:

  1. Review how the Warrant Requirement of the Fourth Amendment and analogous state constitutions apply to the seizure and search of electronic information
  2. Discuss whether the Fifth Amendment privilege against self-incrimination may bar the compelled disclosure of biometric identifiers or passwords
  3. Identify the constitutional issues around electronic information in criminal cases that have already been decided by the Supreme Court, and issues which are as yet unclear 


Credit Information

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Faculty

Jay Shapiro

White and Williams LLP

Jay Shapiro has more than 30 years experience as a litigator and represents clients in connection with fraud related litigation and investigations, including corporate internal investigations, criminal and regulatory enforcement and insurance fraud. Additionally, he represents clients in resolving trademark and copyright matters. 

 

He began his legal career in the Bronx County District Attorney's Office as a prosecutor for eight years and later spent 12 years with the King's County District Attorney's Office, becoming the Deputy District Attorney in charge of the Rackets Division before going into private practice.

 

Jay has tried more than 35 cases in state and federal courts in New York and has also appeared before courts in New Jersey, Pennsylvania and California. He has represented clients in relation to investigations conducted by federal and state authorities, including the Department of Justice, the Securities and Exchange Commission, the Internal Revenue Service, state prosecutors and numerous city and state regulatory agencies. Jay has conducted internal investigations for major corporate clients and has guided them in protecting their corporate integrity.

 

He has been recognized for his involvement in combating insurance fraud by the insurance industry and regulators.

 

Jay has written and co-authored numerous publications. A frequent lecturer, he was an Adjunct Professor of Law at New York Law School (1989 to 2004) and served as a Faculty Member of the New York Prosecutors Training Institute, the New York City Police Department’s Criminal Investigators’ Course and the New York City Fire Marshal’s Training Program. 

 

Jay is a member of the Executive Committee of the Criminal Justice Section of the New York State Bar Association and co-chair of the Committee on Expungement.

 

REPRESENTATIVE MATTERS

  • Represented the chief executive officer of a major corporation in response to a joint SEC and DOJ investigation concerning expense-related allegations
  • Represented a public corporation in inquiries involving Medicaid billing and allegations of fraud
  • Conducted an internal investigation for a public corporation concerning conflict of interest by one of its senior executives
  • Represented an insurance company in litigation that recovered in excess of $1 million in fraudulent payments 

 

RECOGNITION & INVOLVEMENT

  • Jay was the First Recipient of the New York State Insurance Department's Bureau of Fraud Investigation Director's Award and has been selected for inclusion in ”Super Lawyers” in the New York Metro Region in a survey of his peers by Law & Politics magazine for 2013.
  • Additionally, he is a former school board member for the Chappaqua Central School District, former commissioner of the American Youth Soccer Organization - Chappaqua, NY Chapter, and former member of the Affordable Housing Committee in New Castle, New York.

 

Bar and Court Admissions

  • New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Education

  • Case Western Reserve University School of Law, JD, 1980
  • Middlebury College, AB, 1977 

Memberships

  • New York State Bar Association; Criminal Justice Section


Ronald Hedges

Dentons

Ronald is a member of Dentons' Litigation and Dispute Resolution practice group. He has an extensive experience in e-discovery and in management of complex litigation and has served as a special master, arbitrator and mediator. He also consults on management and discovery of electronically stored information ("ESI"). 

Ron Hedges was a United States Magistrate Judge in the United States District Court for the District of New Jersey from 1986 to 2007. While a magistrate judge, he was the Compliance Judge for the Court Mediation Program, a member of the Lawyers Advisory Committee, and both a member of, and reporter for, the Civil Justice Reform Act Advisory Committee. From 2001 to 2005 he was a member of the Advisory Group of Magistrate Judges. 

Ron was an adjunct professor at Seton Hall University School, where he taught mediation skills. He was an adjunct professor at Georgetown University Law Center and remains an adjunct professor at Rutgers School of Law— Newark. He taught courses on electronic discovery and evidence at both these schools. Ron was a Fellow at the Center for Information Technology of Princeton University for 2010-11 and 2011-12. He is also a member of the College of the State Bar of Texas.



Elizabeth Roper

New York County District Attorney's Office

Elizabeth Roper is the Chief of the Cybercrime and Identity Theft Bureau (CITB) at the New York County District Attorney’s Office. She oversees a staff of approximately 70 people, including the attorneys and analysts who handle CITB’s investigations and prosecutions; the Cybercrime Intelligence Unit; and the High Technology Analysis Unit (HTAU), which is responsible for the digital forensics work across the D.A.’s office. CITB handles prosecutions involving cybercrime and cyber-enabled crime, including computer and network intrusions, data breaches and intellectual property theft, child pornography, identity theft, check and credit card fraud, and money laundering.  Liz received her J.D. from Fordham University School of Law in 2006.



Reviews

RF
robert f.

Ok

JL
James L.

Excellent.

SK
Suzanne K.

Great presentation on interesting topics. I especially liked the panel format and the different perspectives of the speakers.

JB
John B.

Nice job!

KC
Kimberly C.

Liked the style of this presentation. Moderator and both attorneys very engaging. Lots of good relevant information

TL
Timothy L.

Great lecture!

KV
Karin V.

Well presented in a digestible manner.

MP
Michael P.

Current & essential

AS
Ahban S.

This was a great course.

SS
Susan S.

I believe this program was pre-approved by OSC for "live webcast" to fulfill our "live/in person" requirements. If so, I do really appreciate that. I was using LexisNexis, but they didn't actually have their programs approved as "live". I enjoy having this option during Covid-19, so that I can do them safely at home! Thank you!

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