Document Requests

News & Analysis as of

Parent Company Ordered to Produce Documents in Response to Request to Subsidiary Where Parent and Subsidiary Shared Servers and...

Plaintiff Dri-Steem Corporation ("Dri-Steem") sought production of documents in the possession and control of the defendant's parent company National Environmental Products, Ltd. ("National"), via its wholly-owned subsidiary...more

Effective Discovery Requires Effective Communication

As the Southern District of Ohio recently noted in Brown v. Tellermate Holdings Ltd., “[t]here may have been a time in the courts of this country when building stone walls in response to discovery requests, hiding both the...more

Think twice before asking for “any and all” documents

Before I get to the topic at hand, allow me a brief rant. Can anyone explain how the phrase “any and all documents” (typically used in Rule 34 request for documents) covers any document not covered by a a request for “all...more

Supreme Court Provides Standard for Evidentiary Hearing in IRS Summons Enforcement Proceeding

On June 19, 2014, the Supreme Court unanimously ruled that taxpayers have a right to an evidentiary hearing in an IRS summons enforcement action when the taxpayer “offers some credible evidence supporting his charge” of...more

Florida Broadens Definition of Personal Information and Shortens Breach Notification Requirements

Last week, Florida signed into law the Florida Information Protection Act of 2014, effective July 1, 2014. This new law is broader than Florida’s prior law and includes some important, and in some instances unique,...more

High Court Opens Door To IRS Personnel Examination

The U.S. Supreme Court issued a unanimous opinion Thursday in United States v. Clarke (No. 13-301) addressing the standard that must be satisfied before a taxpayer can question Internal Revenue Service personnel about its...more

"Supreme Court Clarifies Standard to Challenge IRS Summons"

On June 19, 2014, the U.S. Supreme Court in United States v. Clarke1 held that a taxpayer has a right to conduct an examination of IRS officials regarding their reasons for issuing an administrative summons when the taxpayer...more

Motion to Compel Settlement Agreements Denied Where Document Requests Only Requested License Agreements

Echostar Satellite L.L.C. ("Echostar") moved to compel the production of settlement agreements from the plaintiff. Several issues arose on the motion, including whether the Magistrate Judge had jurisdiction to grant the...more

Court Allows Agency To Withhold Certain Historical Records Under FOIA

Yesterday, the D.C. Circuit issued a ruling in allowing the CIA to withhold a draft of one volume of a history of the Bay of Pigs Invasion under FOIA Exemption 5, the exemption for "inter-agency or intra-agency memorandums or...more

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

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

43 Results
|
View per page
Page: of 2