News & Analysis as of

Non-Parties Document Productions

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - June 15 - July 14, 2023

Dorsey & Whitney LLP on

The California Court of Appeal, Fourth District, Division One, issued the following published decision...more

Snell & Wilmer

Coronavirus Solutions Cause Long-Term Changes to Depositions in California

Snell & Wilmer on

On September 18, 2020, Governor Gavin Newsom (D) signed Senate Bill (“S.B.”) 1146 into law. This act was aimed at amending Sections 1010.6 and 2025.310 of the California Code of Civil Procedure, and to add and repeal Section...more

Miller Canfield

A Non-Party to An Arbitration Can Be Compelled to Give Testimony and Produce Documents

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Can a court compel you to give testimony and produce documents in an arbitration where you are not even a party? In the United States, the answer is yes....more

Farrell Fritz, P.C.

Nothing in Life (and Litigation) is Free: Surrogate’s Court Awards a Non-Party $40,000 in Counsel Fees for Complying with a...

Farrell Fritz, P.C. on

New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be defrayed by the party issuing the subpoena....more

Proskauer - Minding Your Business

“Ain’t No River Wide Enough”: Second Circuit Says No Per Se Bar to Extraterritorial Application of Section 1782

This month, the Second Circuit weighed in on open issues relating to discovery under 28 U.S.C. § 1782. Section 1782 allows federal courts to order entities that “reside[] or [are] found” in their district to produce evidence...more

Payne & Fears

Nonparty Discovery in California Arbitration: How to Get What You Want

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Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more

White and Williams LLP

Kaepernick Case Raises Arbitrator Subpoena Power Questions

White and Williams LLP on

It has been widely reported that lawyers representing Colin Kaepernick in collective bargaining arbitration proceedings with the NFL are considering asking the arbitrator to issue a subpoena to compel President Trump to...more

Mintz - Arbitration, Mediation, ADR...

Document Discovery From Non-Parties in Commercial Arbitration: Availability and Practical Considerations

Litigators in the U.S. often take for granted the ease with which they can obtain discovery from non-parties in our federal and state courts. One might assume that the “presumption in favor of arbitrability” embodied in the...more

Morris James LLP

Redaction Made In Royalty Reports Are Improper; Motion To Amend Complaint Comes Too Late

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Defendants move to compel compliance with subpoenas directed to a non-party. The court relieved the non-party from any obligation to produce documents since the contested documents were also in the possession of plaintiffs....more

Blake, Cassels & Graydon LLP

The Long Arm of the Law is Not That Long: Court Declines Jurisdiction over Document Production by Foreign Non-Party

In Lockwood Financial Ltd. v. China Blue Chemical Ltd., the British Columbia Supreme Court (BCSC) ruled that it does not have the territorial jurisdiction to order a foreign company to give documentary evidence in a...more

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