Subpoenas

News & Analysis as of

When Attorneys General Attack: AGs’ Aggressive Investigation of Climate Change Disclosures, and Getting Your Insurer to Provide...

Who’s afraid of New York’s Martin Act? Right now, a lot of Wall Street and energy industry companies, that’s who. Why are they concerned about the Martin Act? Because it grants the New York State Office of the Attorney...more

Securing the deposition of a Massachusetts resident for use in a Connecticut action

Imagine this scenario: A Bank issues a loan to two co-borrowers. One co-borrower relocates to Massachusetts. The co-borrowers default on the loan and the Bank commences suit against the two co-borrowers. During...more

Are Changes in Store for the Stored Communications Act?

Last week saw action on two fronts regarding the Stored Communications Act (SCA) – the US federal statute regulating government searches of online accounts in criminal investigations. In Congress, a proposal to reform the SCA...more

State AGs Announce Climate Change Investigations - ExxonMobil Challenges Subpoena on Constitutional Grounds

Several state attorneys general (“state AGs”) have recently announced investigations into energy companies’ securities disclosures about the risks climate change poses to their businesses. In November 2015, Peabody Energy...more

Summary Judgment for Defendants in FCA Action: No Admissible Evidence of False Claims

How much is “enough?” Will we have enough money to retire someday? Did the Drug and Device Law College Sophomore study enough for her computer science midterm? Is there enough salt in the matzo ball soup? In the realm of...more

Not So Fast! Qualcomm Cannot Use “Curious Quirk” of U.S. Discovery Law In Korean Antitrust Proceeding

A recent federal court order highlights the scope, and the limitations, of a U.S. court’s authority to order domestic discovery for use in a foreign proceeding under 28 U.S.C. § 1782. The court in In re Ex Parte Application...more

Help, Domestic Violence Restraints were Filed Against Me—and I didn’t do it!

The New Jersey Prevention of Domestic Violence Act serves an enormously important function to protect abused individuals. However, the protections of the Act can be misused in a divorce or custody litigation to evict someone...more

Protect Yourself by Learning About Your Family’s Finances

All too often, clients enter the divorce process with little or no knowledge about the family’s bank and investment accounts, stocks, retirement assets, ownership of real property, and debt. If you recognize that you and your...more

Use of the Wayback Machine in IPR Is Under Attack

One source of prior art commonly relied on in inter partes review proceedings is the “Wayback Machine.” The Wayback Machine is an internet archive of webpages that are browsed by crawler programs and then stored and preserved...more

Do You Have to Disclose a Government Investigation? Practical Considerations, Legal Standards, and Recent Case Law

After receiving an inquiry from a government agency, such as a subpoena, a Civil Investigative Demand (“CID”), or an informal request for information, public companies ask whether they must disclose publicly that they may be...more

The Seventh Circuit Upholds the Breadth of an EEOC Subpoena Seeking Staffing Company’s Client Information

Earlier this month, the US Court of Appeals for the Seventh Circuit found that the EEOC was within its investigatory powers to administratively subpoena broad information about a staffing agency’s clients even though it was...more

Government’s Penn State Investigation Produces Lessons for In-House Counsel

The fallout at Penn State University in the wake of the Jerry Sandusky child-sexual-abuse scandal, including the victims’ suffering, Sandusky’s criminal conviction, the firing and subsequent death of legendary Coach Joe...more

Witnesses in Arbitration – Federal Arbitration Act

Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). My...more

Court Emphasizes Proportionality under Amended Rule 26(b)(1) (New York)

Henry v. Morgan’s Hotel Group, 2016 WL 303114 (S.D.N.Y. Jan. 25, 2016) - In this discrimination case, the court held that third-party subpoenas violated the Federal Rules of Civil Procedure, particularly Fed. R. Civ. P....more

Judge Lord Grants Motion to Quash Subpoena Issued at Close of Fact Discovery

On February 23, 2016, in the matter of Certain Activity Tracking Devices, Systems, and Components Thereof, ITC Inv. No. 337-TA-963, ALJ Dee Lord issued an order granting Complainants’ motion to quash respondent Fitbit’s...more

U.S. v. Microsoft – What you need to know about one of the most important privacy cases of the decade

The U.S. Court of Appeals for the Second Circuit has in its hands one of the most closely-watched privacy cases in recent memory. U.S. v. Microsoft addresses an issue of critical importance to U.S. businesses — whether...more

Opening The Vault – The EEOC’s New Position On Handing Over Position Statements To Charging Parties

With little fanfare, the EEOC quietly announced on February 18, 2016 its adoption of new “Nationwide Procedures for Releasing Respondent Position Statements and Obtaining Responses from Charging Parties.” Importantly, the...more

Unlawful Trade Practices, Investigations, and Claims: Are Long Term Care Providers at Risk?

Though the statutory names vary from state to state, certain laws exist in every state for the same general reason—to protect consumers from fraud and unfair or deceptive business practices. Known generally as unfair or...more

The Senate Would Like to Speak With You

The United States House of Representatives Committee on Oversight and Governmental Reform earlier this month subpoenaed Martin Schkreli. Mr. Schkreli has been saddled with the nickname "pharma bro" after hiking the price on a...more

EEOC May Obtain Private (And Arguably Unnecessary) Employee Information

Employers served with an Equal Employment Opportunity Commission (EEOC) subpoena requesting private employee information – regardless of its arguable relevance – may nevertheless be compelled to respond, according to a...more

How to Authenticate a Social Media Post

Despite its relationship to new technologies, electronic evidence, including social media evidence, is actually treated the same as traditional forms of evidence in terms of admissibility. You can’t get it in without proper...more

Deposition Notice 101

In most cases you’ll need to notice at least one deposition. Here’s a handy overview for anyone new to California practice on what to include in your deposition notice and when to serve a subpoena along with it....more

Court Orders Defendant’s Wife to Produce iPhone for Forensic Examination (California)

Brown Jordan Int'l Inc. v. Carmicle, 2015 WL 6142885 (S.D. Fla. Oct. 19, 2015) - In this breach of contract and fiduciary duty case, the plaintiffs sued the defendant for violating the Computer Fraud and Abuse Act and...more

Federal Preemption and Peer Review - A New Frontier

It’s not often that we get to blog about a new area of federal preemption, but we do so today. This isn’t a big area, otherwise we would have known about it before, but it is pertinent to drug and medical device product...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

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