The case of the day is In re Application of Lee-Shim (N.D. Cal. 2013). Jean-Michael Lee-Shim was implicated in a criminal bribery investigation in Mauritius and the United Kingdom. In the investigation, emails that came from Lee-Shim’s personal email account (he used Yahoo as his service provider) were relevant. Lee-Shim asserted than an unauthorized person had accessed his account and sent the inculpatory emails. He sought leave to serve a subpoena on Yahoo in order to determine the times and locations from which the account had been accessed. The case is interesting because it is quite uncommon for the targets of criminal investigations to seek to make use of § 1782 before criminal charges are brought (at least as far as I have seen).…

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