News & Analysis as of

Subpoenas

Supreme Court Confirms Deferential Standard of Review for EEOC Subpoenas

Earlier this month, the Supreme Court confirmed that federal appeals courts should apply a deferential standard of review to federal district court determinations regarding the legal sufficiency of EEOC subpoenas....more

Supreme Court: District Court EEOC Subpoena Enforcement Decisions Subject to Abuse of Discretion

by Holland & Knight LLP on

The Supreme Court of the United States issued its decision on April 3, 2017, in McLane Co., Inc. v. Equal Employment Opportunity Commission, a case which presented the question of what the appropriate standard of appellate...more

E-Discovery Lessons from the State Investigation of Alabama Governor Robert Bentley

by Exterro, Inc. on

From the beginning, e-discovery has mainly been the realm of corporate legal teams leveraging their knowledge of the e-discovery process along with technology to reach a “just and speedy” resolution to the matter as laid out...more

Regulatory Update and Recent SEC Enforcement Actions

by Blank Rome LLP on

REGULATORY UPDATE - Ten Investment Advisory Firms Subject to Steep Penalties after Violating Pay-to-Play Rules - In January 2017, 10 investment advisory firms agreed to settle with the U.S. Securities and Exchange...more

I’ll Defer To You: Supreme Court Rules Appellate Courts Should Apply Abuse Of Discretion Standard When Reviewing EEOC Subpoena...

Recently, in McLane Co., Inc. v. EEOC, case number 15-1248 , the United States Supreme Court clarified the standard for when an appellate court reviews a trial court’s order to enforce or quash a subpoena from the EEOC....more

Supreme Court Defers to Lower Court Determinations on EEOC Subpoena Powers

In a disturbingly increasing number of charge investigations, employers have faced broad information requests from the Equal Employment Opportunity Commission (EEOC), including requests that appear unrelated to the charging...more

District Court Denies Ex Parte Motion to Compel Third Party to Produce Documents Where Plaintiff Waited too Long to File Motion

The plaintiff Alexsam, Inc. ("Alexsam") filed an ex parte application to compel compliance with a subpoena to produce documents against a third party to the action, MasterCard. Alexsam had first served a Rule 45 subpoena on...more

U.S. Supreme Court Clarifies the Extent of Judicial Review on Motions to Quash EEOC Subpoenas

by Wilson Elser on

On April 3, 2017, the United States Supreme Court in its decision on McLane Company, Inc. v. Equal Employment Opportunity Commission, No. 15-1248, U.S. Sup., ruled that a district court’s decision to quash or enforce an EEOC...more

Supreme Court Message – Be Wary of EEOC Subpoenas

by Kelley Drye & Warren LLP on

On Monday, the Supreme Court held that appellate courts must utilize the deferential “abuse-of-discretion” standard when evaluating a ruling on a subpoena issued by the Equal Employment Opportunity Commission (“EEOC”)...more

U.S. Supreme Court Holds That An Abuse-Of-Discretion Standard Applies To Review Of EEOC Subpoenas

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Monday, the U.S. Supreme Court handed down its long-awaited decision in McLane Co. v. EEOC, No. 15-1248, 2017 U.S. LEXIS 2327 (U.S. 2017), a decision that clarifies the scope of review for employers facing...more

U.S. Supreme Court Rejects De Novo Review for EEOC Subpoenas

by Ballard Spahr LLP on

The U.S. Supreme Court resolved a circuit court split regarding the standard of review applicable to district court decisions that evaluate the enforceability of EEOC investigative subpoenas and held yesterday that an abuse...more

Copyright Plaintiff Allowed to Subpoena ISP to Discover Defendant’s Name

A recent decision from the District of Connecticut is part of a series of copyright cases where a plaintiff, unable to identify the accused infringer except by the Internet Protocol (or “IP) address used at the time of the...more

Supreme Court Holds Deferential Standard is Appropriate for EEOC Subpoena Reviews

by Franczek Radelet P.C. on

Under Title VII, the Equal Employment Opportunity Commission (EEOC) has the authority to issue subpoenas for documents relevant to its investigations. Prior to the Supreme Court’s decision in McLane Co. v. EEOC, which issued...more

The Supreme Court - April, 2017

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in two cases today: McLane Co. v. EEOC, No. 15-1248: Damiana Ochoa filed a discrimination charge against petitioner McLane Co. when she was terminated after...more

Supreme Court Limits EEOC Subpoena Power

by Fisher Phillips on

In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more

Employer successfully fights EEOC subpoena

by McAfee & Taft on

Any employer that has gone through an Equal Employment Opportunity Commission (EEOC) investigation knows one thing is certain: you will have to provide mountains of documents. Normally, the EEOC will informally request...more

EEOC Subpoenas are Subject to the Abuse of Discretion Standard of Review

by Dorsey & Whitney LLP on

On April 3, 2017, the U.S. Supreme Court issued its decision in McLane Co. v. EEOC, addressing how federal courts review subpoenas that the EEOC issues while investigating charges of employment discrimination. McLane involved...more

Supreme Court Decides McLane Co., Inc. v. Equal Employment Opportunity Commission

by Faegre Baker Daniels on

On April 3. 2017, the U.S. Supreme Court decided McLane Co., Inc. v. Equal Employment Opportunity Commission, holding that a district court’s decision whether to enforce or quash an Equal Employment Opportunity Commission...more

Tennessee Court Rejects EEOC’s Supersized Subpoena Served On Fast Food Employer

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal court in Tennessee denied the EEOC’s application for an Order to Show Cause why its administrative subpoena should not be enforced. This ruling highlights the importance and benefits of employers...more

2016 Guidance from the North Carolina Court of Appeals on Attorney-Client Privilege Issues

by Ward and Smith, P.A. on

In civil litigation, parties frequently communicate with consultants, tax advisors, friends, family, and others concerning the subject matter of the litigation, and such communications raise issues regarding the possible...more

DOJ Raids Maritime Industry Meeting and Serves CEOs with Subpoenas

Media outlets have reported that the U.S. Department of Justice raided the maritime industry’s “Box Club” meeting, which is more formally known as the meeting of the International Council of Containership Operators. Box Club...more

ALJ Rules that OFCCP Exceeded its Authority in Demanding Certain Employee Compensation Data from Google

by FordHarrison on

In January, the OFCCP filed an administrative complaint against Google for denying access to records in violation of applicable federal affirmative action laws and implementing regulations. The Administrative Law Judge (ALJ)...more

Tenth Circuit Rejects Broad EEOC Subpoena in Single Employee Discrimination Charge

The scenario is familiar to employers responding to a Charge of Discrimination filed with the Equal Employment Opportunity Commission (EEOC). Even though the Charge only includes claims of discrimination by one person, the...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Uber’s board is sticking with the devil it knows. And that means that CEO Travis Kalanick’s safe where he is, despite a few pretty awful months for the ride-hailing company and promises to change the company culture....more

Federal Court Shoots Down EEOC Subpoena

by Foley & Lardner LLP on

Employers facing Equal Employment Opportunity Commission (EEOC) charge investigations may find themselves on the receiving end of overly broad, unduly burdensome and/or irrelevant information requests from the EEOC. If an...more

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