Protecting Electronic Data From Search And Seizure

Law360, New York (October 9, 2008, 12:00 AM EDT) -- We live in a digital age, one in which companies store vast quantities of data in servers, CPUs, laptops, and other digital media. While the advent of electronically stored information (ESI) has undeniably facilitated commerce, it has also dramatically increased the risks to companies whenever the Government seeks access to their ESI through the mechanism of a search warrant.

As a practical matter, not only will the execution of an ESI search warrant sweep up extraordinary volumes of irrelevant, privileged, and/or protected data, but the law...
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