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The Digital Age Meets the Constitution: Implications of United States v. Jones


Product Code - LGN09
Speaker(s): Hon. John M. Facciola, U.S. District Court for the District of Columbia; Professor Orin S. Kerr, George Washington University Law School; Matthew A. S. Esworthy / Shapiro Sher Guinot & Sandler; Kenneth J. Withers, The Sedona Conference; Ronald J. Hedges, Ronald J. Hedges LLC and Of Counsel, Corodemus & Corodemus
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We have all heard about “black boxes” on airplanes being used as evidence in government investigations, but what about global positioning systems (GPS) on private citizens’ cars? In United States v. Jones, the Supreme Court’s decision marked the most important consideration of electronic information in criminal actions by the United States Supreme Court to date.

United States v. Jones marks the most important consideration of electronic information in criminal actions by the United States Supreme Court to date. Jones’ three opinions consider the Fourth Amendment warrant requirements for GPS devices in motor vehicles.

Educational Objectives:

• How might Jones impact the decision to secure a search warrant in the future?
• How might the concept of trespass to property recognized by Justice Scalia apply to other forms of electronic surveillance under the Fourth and Fourteenth Amendments?
• How might courts or legislatures deal with the warrant requirement addressed in Jones?
• How much guidance does Jones give to law enforcement officers in the surveillance area?

Who would benefit most from attending the program?

Prosecutors, defense attorneys, white collar crime attorneys, cyberlaw attorneys, counsel to law enforcement agencies.

Program Level: Intermediate

Hon. John M. Facciola, U.S. District Court for the District of Columbia; Professor Orin S. Kerr, George Washington University Law School; Matthew A. S. Esworthy / Shapiro Sher Guinot & Sandler; Kenneth J. Withers, The Sedona Conference; Ronald J. Hedges, Ronald J. Hedges LLC and Of Counsel, Corodemus & Corodemus

Hon. John M. Facciola / U.S. District Court for the District of Columbia
Hon. John M. Facciola was appointed a United States Magistrate Judge in the District of Columbia in 1997. Prior to being appointed to the bench, he served as an Assistant District Attorney in Manhattan from 1969-1973, and was in private practice in the District of Columbia from 1974-1982. Judge Facciola joined the U.S. Attorney's Office in 1982 and served as Chief of the Special Proceedings section from 1989 until his appointment as Magistrate Judge. Judge Facciola is a frequent lecturer and speaker on the topic of electronic discovery. Judge Facciola is a member of the Sedona Conference Advisory Board, the Georgetown Advanced E-Discovery Institute Advisory Board and he is also the former Editor in Chief of The Federal Courts Law Review, the electronic law journal of the Federal Magistrate Judges Association. He is a member of the Board of Directors of the Federal Judicial Center. He wrote the chapter entitled A History of Electronic Discovery in Managing E-Discovery and ESI From Pre-Litigation Through Trial (Michael D. Berman, Courtney Ingraffia Barton & Paul W. Grimm, eds., 2011). He received his A.B from the College of the Holy Cross and his J.D. from the Georgetown University Law Center.

Professor Orin S. Kerr / George Washington University Law School
Professor Kerr teaches criminal law, criminal procedure, and computer crime law. His articles have appeared in the Harvard Law Review, Yale Law Journal, Stanford Law Review, Columbia Law Review, University of Chicago Law Review, Michigan Law Review, Virginia Law Review, New York University Law Review, Georgetown Law Journal, Northwestern University Law Review, Texas Law Review, and many other journals. According to the most recent Leiter Rankings, Professor Kerr is ranked number seven among criminal law scholars in the United States for citations in academic journals. His scholarly articles have been cited by all of the regional U.S. Courts of Appeals and many federal district courts.

Before joining the faculty in 2001, Professor Kerr was an honors program trial attorney in the Computer Crime and Intellectual Property Section of the Criminal Division at the U.S. Department of Justice, as well as a special assistant U.S. attorney for the Eastern District of Virginia. He is a former law clerk for Justice Anthony M. Kennedy of the U.S. Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit. In the summer of 2009 and 2010, he served as special counsel for Supreme Court nominations to Senator John Cornyn on the Senate Judiciary Committee. He has been a visiting professor at the University of Chicago Law School and the University of Pennsylvania Law School.

Kenneth J. Withers / The Sedona Conference
Kenneth J. Withers is the Director of Judicial Education for The Sedona Conference, an Arizona-based non-profit law and policy think tank which has been on the forefront of issues involving complex litigation, intellectual property, and antitrust law. Since 1989, he has published several widely-distributed papers on electronic discovery, hosted a popular website on electronic discovery and electronic records management issues, and given presentations at more than 300 conferences and workshops for legal, records management, and industry audiences. Ken's most recent publications are "Ephemeral Data and the Duty to Preserve Discoverable Electronically Stored Information," 37 U. Balt. L. R. 349 (2008) and "Living Daily with Weekley Homes," Texas State Bar Advocate, Vol. 51 (Summer 2010), 23. From 1999 through 2005, he was a Senior Education Attorney at the Federal Judicial Center in Washington D.C., where he developed Internet-based distance learning programs for the federal judiciary concentrating on issues of technology and the administration of justice. Ken contributed to several well-known FJC publications, including the Manual for Complex Litigation, Fourth Edition (2004), Effective Use of Courtroom Technology (2001), and the Civil Litigation Management Manual (2001).

Matthew A. S. Esworthy / Shapiro Sher Guinot & Sandler
Matthew A.S. Esworthy is a partner in the litigation department of Shapiro Sher Guinot & Sandler in Baltimore, Maryland. He concentrates his practice on general civil and criminal litigation, including whitecollar criminal defense, complex commercial litigation, securities litigation, partnership disputes, employment law, and appeals. In recognition of his accomplishments, Martindale-Hubbell awarded Mr. Esworthy its AV Peer-Review Rating, the highest rating available.

Mr. Esworthy has achieved favorable results in a number of high-profile cases. In recent years, he has successfully defended a Baltimore law firm in a multi-million dollar defamation/invasion of privacy lawsuit brought by a public official; successfully represented minority shareholders of a Fortune 500 company in a complex shareholder dispute; and achieved favorable results in a civil conspiracy/intentional tort lawsuit involving internationally-renowned recording artists, producers, and record labels.

Mr. Esworthy earned a J.D. The Dickinson School of Law, Pennsylvania State University and a B.A. from Skidmore College.

Ronald J. Hedges / Ronald J. Hedges LLC and Of Counsel, Corodemus & Corodemus
Ron Hedges is a special master, arbitrator, and mediator specializing in e-discovery and privilege issues. He served as a United States Magistrate Judge in the District of New Jersey from 1986 to 2007. He is a member of The Sedona Conference® Advisory Board and a member of the Advisory Board of the Advanced E-Discovery Institute of Georgetown University Law Center, where he teaches e-discovery and e-evidence. He also teaches at Rutgers School of Law—Newark. Mr. Hedges is author of , among other things, Discovery of Electronically Stored Information: Surveying the Legal Landscape (BNA: 2007) and a co-author of Managing Discovery of Electronic Information: A Pocket Guide for Judges (Federal Judicial Center: 2007). He serves on the Advisory Board for The Sedona Conference.

This program is CLE-credit eligible.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the Legal and Business CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for any attorney earning less than $30,000 per year. If an attorney wishes to take advantage of this option, he or she must do so in writing and also provide proof of hardship. If approval is granted, a discount of 50% off the full registration price of the program will be awarded.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.

• Bloomberg BNA Subscriber - OnDemand format $199

• Non-Subscriber - OnDemand format $249

• CD recording of program $199 (Subscriber and Non-Subscriber)

 

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