"First and foremost," courts will require a demonstrable need for the evidence, noted Ballard Spahr LLP Partner Edward J. McAndrew, co-leader of firm's Privacy and Data Security Group and the leader of its national Cyber Incident Response Team.

But another key message the Lagano ruling has for attorneys representing litigants seeking wiretap evidence is about nuances between the wiretap disclosure provisions in different jurisdictions, said McAndrew, who previously prosecuted cybercrimes in the U.S. Attorney's Offices for the Eastern District of Virginia and for the District of Delaware.

"I think the biggest takeaway is that the state and federal wiretap acts overlap, but they're not necessarily identical," McAndrew said.

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