Document Requests

News & Analysis as of

Court Compels Production Of Information Exchanged Between Insurer And Reinsurer As Relevant To Construction Of Policy

In a declaratory relief action brought against the FDIC by the liability insurer for the directors and officers of a bank in receivership, the court resolved a discovery dispute that included a contested request for...more

Hide-the-Ball Document Production No Longer Being Tolerated by Some Courts

It is a common practice in Hatch-Waxman and other civil litigation for parties to try to hide the ball in producing documents by interposing vague objections to document requests and then producing select documents subject to...more

Newspaper publisher sues CFPB for documents on headquarters renovation

We recently reported that the CFPB had issued its first Annual Freedom of Information Act (FOIA) Report which provided statistical information for FOIA requests the CFPB received in FY 2013. It turns out that one of those...more

Non-U.S. Companies Struggle to Implement U.S.-Style Document Retention Policies

Many of us in the U.S. legal community know that developing and implementing a defensible document retention policy is important, if not crucial, to a company’s data management. It can speed up the procedures in, or reduce...more

A Calm Before the Storm: Updates on CMS Audit Activity

In February 2014, CMS made two announcements that affect future Medicare audits. First, CMS instructed RACs to stop issuing post-payment additional documentation requests (ADRs) after February 21 and instructed MACs to stop...more

CMS Announces Changes to RAC Program; Temporary Pause in Document Requests

The Centers for Medicare & Medicaid Services (CMS) recently published an announcement indicating that the agency is “in the procurement process for the next round of Recovery Audit Program Contracts” and is winding down its...more

Public Bodies May Charge 15 Cents For Black And White Standard Sized Copies Of FOIA Documents Even If Actual Copying Cost Is Lower

The Illinois Appellate Court recently held that a public body may charge up to 15 cents for copying for each page of black and white, letter or legal sized documents responsive to a FOIA request, even if the actual cost of...more

Cook v. Hewlett-Packard Co., C.A. No. 8667-VCG (Del. Ch. Jan. 30, 2014) (Glasscock, V.C.)

In this letter opinion, the Court of Chancery denied plaintiff’s request for books and records pursuant 8 Del. C. § 220. The stockholder plaintiff sought to investigate alleged wrongdoing by Hewlett-Packard Co. (“HP” or the...more

Florida Supreme Court Clarifies the Scope of Discovery of Records of Adverse Medical Incidents and Reaffirms Buster

On January 30, 2014, the Florida Supreme Court concluded its review of Cedars Healthcare Group, Ltd. v. Ampuero-Martinez, 88 So. 3d 190 (Fla. 3d DCA 2000), (Case Nos. SC11-2208 and SC11-2336), by quashing the Third District’s...more

New Mandatory Enforcement Process For Information Document Requests in Large Business and International Tax Examinations

On January 2, 2014, the Large Business & International (“LB&I”) Division of the Internal Revenue Service began using a new mandatory enforcement process for delinquent information document requests (“IDRs”) in tax...more

PODCAST: Responding to a Government Subpoena or Other Document Demand - Six Helpful Hints

Presented by Gina L. Simms and James P. Holloway of Ober|Kaler's Government Investigations and White Collar Defense Group, this podcast provides guidance to health care providers and other corporations on how to respond to a...more

The Other Shoe Drops

On November 4, 2013, the Internal Revenue Service (IRS) Large Business and International Division released a much anticipated directive on its new Information Document Request enforcement process. Scheduled to take effect in...more

Proposed eDiscovery Rule Would Bring Relief from Specter of Sanctions

The Rules Advisory Committee has recommended proposed amendments to the Federal Rules of Civil Procedure that would set guidelines for courts to follow when evaluating a request for sanctions for spoliation of discovery...more

IRS Announces New Mandatory IDR Procedures

Tax Analysts Tax Notes reports that the IRS Large Business and International Division (LBI) released mandatory, stringent new procedures for enforcing information document requests (IDRs) and issuing summonses, minimizing...more

Top 5 Ediscovery Case Summaries - November 2013: North Carolina: Court Finds Searchable PDFs Sufficient, Denies Request for Native...

Westdale Recap Props v. NP/I & G Wakefield Commons, LLC, 2013 WL 5424844 (E.D.N.C. Sept. 26, 2013). In this real estate case, the plaintiffs motioned to compel the defendants to respond further to their requests for...more

Top 5 Ediscovery Case Summaries - November 2013: New York: Court Unconvinced that Plaintiff Did Not Anticipate Litigation, Orders...

SJS Distrib. Sys. v. Sam’s East, Inc., 2013 WL 5596010 (E.D.N.Y. Oct. 11, 2013). In this breach of contract case, the defendant sought sanctions against the plaintiff. The defendant claimed that over 150 relevant...more

"IRS Announces New IDR Enforcement Process"

On November 4, 2013, the Internal Revenue Service released an internal directive that completes a two-part process of reshaping the dynamic between taxpayers and IRS examiners during the information-gathering phase of an...more

Top EDiscovery Case Summaries - October 2013: California: Court Orders Sanctions, Threatens Order to Retain an Ediscovery Vendor...

Logtale Ltd.v. IKOR, Inc., 2013 WL 3967750 (N.D. Cal. July 31, 2013). In this misrepresentation case, the plaintiffs sought to compel the defendants to comply with a prior court order and compel production from a defendant...more

Tax Practictioners Report Increase in Summons Issuance; IRS Issues New Guidance on Informal Document Requests

Tax practitioners have reported an increase in the issuance of IRS summonses in recent months, despite statements from the IRS indicating that it prefers informal means of investigation. Because of the intrusive nature and...more

Recent Amendments to Maine’s Freedom of Access Act

The Maine Legislature recently enacted several important changes to Maine’s Freedom of Access Act that go into effect October 9, 2013. The new laws contain several new provisions that will have an impact on how municipalities...more

Belgium: The Belgian Gaming Commission and the principle of an open administration

An episode of the Belgian television programme “Basta” on game shows organized by some Belgian commercial broadcasting companies raised a lot of discussion in Belgium. In these shows a number of puzzles and braintwisters...more

The Role Of Rule 26(g) In E-Discovery

An attorney’s signature on discovery responses certifies that the attorney “made a reasonable effort to assure that the client had provided all the information and documents available to him that are responsive to the...more

Patent Office Litigation Update: IPR Discovery and Evidentiary PTAB Decisions [Video]

The Patent Trial and Appeal Board has published six representative decisions and orders that deal with discovery and evidentiary issues in inter partes review proceedings. In this video, Jon E. Wright, director at the...more

Official says to go up SRO's chain if you think 8210 demand goes too far

If you think FINRA examiners are going too far with their document requests under the cover of Rule 8210, you should "escalate" your concerns up the regulator's chain of command, a FINRA official said at the organization's...more

Effective Securities Litigation Defense Requires a High Thought-to-Action Ratio

I recently had occasion to review a number of motion-to-dismiss rulings, including some in which denial of the motion seemed to be an easy call. I’ve since been mulling over whether there are circumstances in which it would...more

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