Photo of Ferdose al-Taie

Ferdose al-Taie is a member of Dykema’s Commercial Litigation Group and joined the firm in 2017. Ms. al-Taie advocates for clients to resolve complex business challenges in regulatory enquiries and private party disputes involving: securities and compliance (including cryptocurrencies, initial coin offerings (ICOs),virtual exchanges, the EB-5 visa program, anti-money laundering rules (AML) and Bank Secrecy Act (BSA) issues); antitrust/competition law (including private party litigation, Hart-Scott-Rodino (HSR) filings, mergers, acquisitions and joint ventures), government investigations (civil investigative matters and white collar criminal defense) and high-stakes litigation.

Ms. al-Taie has tried criminal and civil cases to verdict before juries and judges in federal district courts and tribunals, in addition to successfully defending those matters on appeal. She has significant experience settling, mediating and arbitrating disputes to resolution as well.

 

On January 19, 2019, federal Magistrate Judge Kandis Westmore of the Northern District of California denied the Government’s application for a search warrant that sought:

  1. “all digital devices” present at a California residence; (Order at 3), and
  2. “any individual present at the time of the search to press a finger (including thumb) or utilize other biometric features…for the purposes of unlocking the digital devices found in order to permit a search of the contents,” (Order at 1).

The request for the “use of biometrics” was stunning. Magistrate Judge Westmore denied the Government’s initial request, but invited the Government to submit a new search warrant. A day later when the Government submitted an amended application, it omitted the request to use biometrics. The court granted that amended application. Since the Government’s application named only two suspects in its affidavit, the Government’s request to compel any other individual present at the time of the execution of the search warrant to unlock their digital device(s) was too expansive.


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