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Legislatures have been slow to modernize laws to catch up to innovations in digital technology, forcing courts around the country to apply old laws to new technology. This begs the question: is the failure to respond to rapidly advancing technology creating inadvertent loopholes for parties involved in litigation to circumvent evidentiary requirements?
Unless you've been living under a rock, and perhaps even if you have, you have likely heard about the search warrant executed by U.S. Department of Justice upon Michael Cohen, President Trump's attorney. Even though communication between a lawyer and a client are shielded by attorney-client privilege, there is an important "crime-fraud" exception that applies when an attorney's advice is used to commit or further the crime.
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