In the Matter of Microsoft: Why It Matters

A&O Shearman
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On July 14, 2016, the Second Circuit released its decision in Microsoft Corp. v. United States, No. 14-2985, slip op. (2d Cir. July 14, 2016). The Second Circuit rejected the Government’s efforts to require Microsoft to turn over emails held overseas in its data center in Dublin, Ireland pursuant to a judicially-authorized search warrant. This decision may have significant implications for where corporations store their data in the future and on the US Government’s ability to use certain investigative techniques to obtain overseas data, such as email search warrants.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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