The rules of legal discovery in the Internet and e-mail era are rapidly developing for civil litigation. But in the realm of criminal investigations—where the stakes can be far higher—the law still leaves corporations flailing without any way to protect electronic data, even if it belongs to innocent third parties.
The recent Ninth Circuit Court of Appeals opinion U.S. v. Comprehensive Drug-Testing (commonly known as the infamous BALCO case, exploring steroid use among professional baseball players) should serve as a wake-up call to Corporate America, experts tell Compliance Week.
