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Electronically Stored Information & Criminal Proceedings

(370 reviews)

Produced on October 21, 2016

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Course Information

Time 60 minutes
Difficulty Intermediate

Course Description

Electronically stored information (ESI) is a common feature of criminal investigations and proceedings. Law enforcement agencies seek various types of ESI to prove criminal activities and to prosecute suspects. At the same time, the Fourth and Fifth Amendments put limitations on what law enforcement can seize and search and what can be demanded of a suspect. Beyond questions of constitutional dimension, courts look for some degree of cooperation between prosecutors and defense counsel and expect defense counsel in multi-defendant prosecutions to coordinate what might be expensive and time-consuming discovery of ESI. This session focuses on the Fourth and Fifth Amendments in the context of “criminal ESI” and also considers how prosecutors and defense counsel might address post-indictment discovery of ESI.

Learning Objectives: 

  1. Understand how the Warrant and Particularity Requirements of the Fourth Amendment may limit the ability to law enforcement to seize and search ESI
  2. Recognize circumstances under which the Fifth Amendment privilege against self-incrimination might apply to attempts by prosecutors to compel access to ESI
  3. Appreciate what steps might be taken by prosecutors and defense counsel to cooperate in post-indictment discovery of ESI

Credit Information

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Ronald Hedges


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.

Glenn Colton


Glenn Colton is a member of Dentons' Litigation and Dispute Resolution practice and heads the US White Collar and Government Investigations practice. He focuses on white collar criminal and complex civil litigation, as well as government and internal investigations.

Glenn has represented company and individual clients in investigations and actions brought or conducted by US attorneys' offices, the US Securities and Exchange Commission, the Commodity Futures Trading Commission, (CFTC), the Federal Energy Regulatory Commission (FERC), offices of inspectors general and state attorneys general. He also has represented a variety of companies, ranging from Fortune 500 to private companies in complex civil litigation in state and federal courts throughout the country.


Mark Z.

Outstanding presentation on complicated issues

Dawn H.

Very interesting topic and the faculty did a great job explaining the subject matter

Roxanne F.


Edward N.

Interesting and well presented.

Pat C.

These two speakers were great. Would like to see more of them.

Jeff D.

Excellent presentation

Katherine L.

Thank you.

Dwayne R.

Great presentation & faculty.

Linda E.

Excellent interplay between presenters with different backgrounds.

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