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Business Crimes Bulletin

January 2008

The Evolving Rules Governing the Use of Investigators

Protecting Your Private Eye

By Stanley S. Arkin, Sean R. O’Brien and Sara A. Welch

Most attorneys involved in the investigation or defense of complex business crimes will turn to private investigators to assist them in developing the facts. Given the breadth and nature of many modern criminal investigations, the use of private investigators is almost becoming a necessity. Yet many basic rules governing their use are unclear or in flux, especially when it comes to monitoring or gathering electronic information.

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