Document Requests

News & Analysis as of

Health Care Advisory: Georgia Hospitals Can Close the Door on Open Records Requests

In a closely watched case, the Georgia Court of Appeals, in Smith v. Northside Hospital, Inc., affirmed the determination that Northside Hospital—a private, nonprofit corporation—was not required to comply with a request for...more

Court Orders Document Production Without Prejudice To Later Sanctions

Stark, C. J. Sanctions motion is considered. Defendant seeks sanctions for plaintiff’s failure to comply with a court order to produce documents....more

Implications of the Clean Power Plan on Historical Research

We’ve been closely tracking litigation related to the EPA’s proposed Clean Power Plan (CPP), which seeks to reduce carbon pollution from power plants and includes state-by-state mandates. Recently, the Supreme Court stayed...more

The Top Seven Takeaways from the December, 2015 Federal Rules Amendments

Can rule changes streamline litigation to make discovery proportional to the case, improve case management, cut down foot-dragging in response to document requests, eliminate “over-preservation” of records and expedite...more

What to do with a Delaware unclaimed property audit document request? Pending litigation may provide an answer.

If you have received a request for information in connection with a Delaware unclaimed property audit that appears to be excessively broad and you don’t know how to respond, you are in good company—even Delaware seems to be...more

Extensive Changes to the Federal Rules of Civil Procedure

Several significant amendments to the Federal Rules of Civil Procedure took effect Tuesday. They are probably the most wide-ranging set of changes to the rules in more than 20 years. Here are the key...more

Ninth Circuit: The EEOC Can Subpoena Extensive Employee Information

As our readers may recall, in November 2012, Judge G. Murray Snow of the U.S. District Court for the District of Arizona nixed a subpoena issued by the EEOC seeking employee pedigree information (name, address, telephone...more

District Court Allows Discovery to Re-Open to Permit Plaintiff to Compel Defendant to Produce Update Sales Records prior to Trial

Isola USA Corp. ("Isola") moved to compel Taiwan Union Technology Corp. ("TUC") to provide updated sales data in response to document requests an interrogatories. In response to this discovery, TUC had previously provided...more

Domestic Partnership Agreements: Financial Disclosures and Privacy

To reduce risk of later attack on the domestic partnership agreement, domestic partners should make fair and reasonable financial disclosures to each other prior to signing the agreement. Each partner should disclose to the...more

Access to Employee Benefit Records - Take Action Now to Avoid Issues Later

Today, many records relating to employee benefits reside with vendors administering those benefit plans (including forms mandated by statute and regulations, participant phone call center recordings and notes, benefit...more

Court Conflicted over Rule 26 in Light of Complex ESI Retrieval (Nebraska)

ACI Worldwide Corp. v. Mastercard Tech., LLC., 2015 WL 4249760 (D. Neb. July 13, 2015) - In this intellectual property case, a discovery dispute arose over the plaintiff’s request for ESI and the risk and burden such...more

Staying Out of the FTC’s Data Security Cross-Hairs

As the Federal Trade Commission acknowledges in a recent blog post, no company wants to discover that its data security practices are under federal investigation. Yet any company that collects, uses or maintains consumer data...more

Hensarling establishes new policy for issuing subpoenas and gives CFPB deadline for responding to document requests

Republican Congressman Jeb Hensarling, who chairs the House Financial Services Committee, has established a new policy for using his authority to issue subpoenas to the CFPB and other agency’s subject to the Committee’s...more

Court Denies Request For Documents

Defendant seeks documents on the basis of the crime-fraud exception relating to abandonment and revival of a patent application which eventually issued. ...more

A Valuable Point From The NC Business Court On Subpoenas Without Depositions

Can you send a subpoena duces tecum -- which translated from Latin is "a writ commanding a person to produce in court certain designated documents or evidence " -- without coupling it with a deposition?...more

Court Compels Discovery Of Reinsurance And Other Insurance Documentation From Insurer In Garnishment Proceedings

The judgment was entered in a class action by plaintiffs who lost their tuition payments for computer training programs at schools that abruptly closed in 2009. In attempting to collect on the judgment, plaintiffs served...more

Getting to Appeals In an Estate or Gift Tax Audit with Pending Information Requests

Ain’t gonna happen! So says the IRS in guidance released by the IRS, at least in most circumstances. In a memo to IRS estate and gift tax examination employees, the IRS advises...more

Commercial Division of New York State Supreme Court Adopts Rule Regarding Responses and Objections to Document Requests

On January 22, 2015, the Chief Administrative Judge of the Courts of New York adopted a new rule applicable to the Commercial Division, effective April 1, 2015, that will require parties to provide increased specificity when...more

E-Discovery Year in Review, Part 1

As Oscar Wilde suggested, life often imitates art. Indeed, this year, e-discovery imitated art: lyrics from a surprising number of the top 14 songs of 2014 (according to iTunes downloads) eerily match some of this year’s most...more

Court Denies Plaintiff’s Request for Production of Files in Native Format, but Demands Production of Metadata (New Jersey)

Peterson v. Matlock, 2014 WL 5475236 (D. N.J. Oct. 29, 2014). In this personal injury case, the plaintiff moved to compel production of the defendant’s electronically stored medical records in “native readable format”...more

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

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

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