The recent acquittals of former Bear Stearns hedge fund managers Ralph Cioffi and Matthew Tannin following a jury trial in the Eastern District of New York have received substantial media coverage, as their case was widely considered to be the first prosecution of Wall Street executives following the subprime mortgage crisis and the ensuing financial meltdown.1 This is understandable, given the attention the economic crisis has received, and the infamy attached to the Bear Stearns meltdown itself.

However, an Oct. 26 opinion in the case by Judge Frederick Block, while not gaining the notoriety the trial verdict did, might be at least as significant for those practitioners dealing with the vexing issues surrounding the search and seizure of computer files. Judge Block’s opinion serves as a useful and comprehensive guide to the current state of the law, and of issues with which we can expect to wrestle in the near future.

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