“Remote Work” in Court Comes Face-to-Face with the Constitution

September 10, 2025  |  The Insider: White Collar Defense and Securities Enforcement

Modern technology allows witnesses across the globe to connect remotely to U.S.-based counsel and courtrooms, bringing convenience, efficiency, and potentially the forfeiture of defendants’ constitutional rights. In his latest Insider Blog post “‘Remote Work’ in Court Comes Face-to-Face with the Constitution,” Robert J. Anello explores how the Seventh Circuit in United States v. Baldwin, despite a defendant’s objections to prosecutors’ request for a deposition of its star witness, treated defense counsel’s preference not to be present at the deponent’s overseas location as a waiver of defendant’s constitutional right to confront the witness face-to-face at trial. As courts navigate the intersection of technology and trial rights, the decision serves as a reminder to defense counsel to insist on face-to-face confrontation wherever possible.

“Remote Work” In Court Comes Face-To-Face With The Constitution