On July 14, 2016, the United States Court of Appeals for the Second Circuit released its decision in Microsoft Corp. v. United States, rejecting the U.S. 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. Partners Agnès Dunogué and Christopher LaVigne (both New York-Litigation) co-authored “Implications of Microsoft’s Win in Overseas Server Email Case” for E-Commerce Law and Policy in which they explain how this decision, while narrow, runs counter to a trend in which courts have generally accepted the U.S. government’s efforts to obtain evidence stored abroad. They also discuss how the case may have meaningful implications for where corporations store their data in the future and on the U.S. government’s ability to use certain investigative techniques to obtain data stored overseas.

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