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Riley and Beyond: The Implications of Riley v. California and the Fourth Amendment

Event | 08.05.14, 12:00 AM UTC - 12:00 AM UTC

On June 25, in Riley v. California, a unanimous Supreme Court held that a police officer could not review the content of a cell phone incident to an arrest absent a search warrant or exigent circumstances. What implications, if any, does Riley have surrounding the application of the Fourth Amendment to other sources of electronically stored information (ESI)? What have been new developments in the case law involving the Fourth Amendment and ESI? How has the Fifth Amendment been implicated by the encryption of ESI?


Anyone involved in the investigation, prosecution and defense of criminal activity must be familiar with and understand the constitutional dimensions of ESI. This program will introduce attendees to Riley and how its logic might be applicable in the future and will inform attendees on the latest case law on constitutional aspects of ESI in investigation, prosecution, and defense. The information presented will also bear directly on the competence of attorneys and effective assistance of counsel.


Justin Murphy is a panelist.


For more information, please visit these areas: Litigation and Trial, White Collar and Regulatory Enforcement, E-Discovery and Information Management

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Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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