On March 24, 2021, SFL partner Alexander Fischer spoke at a virtual panel webinar titled Privacy at Risk: Searches of Electronic Devices at Ports and Beyond. The event was hosted by the International Law Section of the American Bar Association and had a record-breaking 340 attendees. The webinar consisted of international attorneys said focused discussing the background of search and seizure laws in their respective countries, as well as policies and procedures from customs officials. Specifically, Alexander discussed a recent case decided by the United States Court of Appeals for the First Circuit which directly addressed the question of how far customs officials can go when searching electronic devices at the Border.
Further, the panel discussed the ethical implications for attorneys who may cross borders and likely have attorney-client privileged information in their electronic devices. While the ABA Model Rules of Professional Conduct do not specifically adress the issue, several discuss communicating with clients if privileged information is disclosed.
***
SFL’s white-collar criminal defense practice represents a wide variety of clients under investigation or facing criminal prosecution, including large corporate entities, U.S-based individuals, and foreign nationals. Its white-collar team includes a board-certified specialist in criminal trial, a certified anti-money laundering specialist, two former prosecutors, and multiple bilingual attorneys well versed in internal corporate investigations, asset forfeitures, compliance, and OFAC economic sanctions. For more information about SFL, and its attorneys, please visit us online at www.sfl-law.com, or follow us on social media. #SFLCaseAlerts
