Conviction Overturned Based on Government Retention of ESI

New York Law Journal featured an article titled “Conviction Overturned Based on Government Retention of ESI” by Litigation partner Alan R. Friedman and associate Samantha V. Ettari. The authors examine the decision by the U.S. Court of Appeals for the Second Circuit in U.S. v. Ganias, in which the court reversed a criminal conviction based on the government’s improper retention and use at trial of electronically stored information captured under an unrelated search warrant. The Second Circuit also provided guidance regarding juror instructions pertaining to the use of social media during trial.