Subpoenas

News & Analysis as of

D.C. Circuit Limits Discovery and Joinder for Downloading "Swarms"

AF Holdings v. Does et al. - Deciding a case that involves issues of discovery and joinder, the U.S. Court of Appeals for the D.C. Circuit addressed issues presented by so-called “copyright trolls” who subpoenaed...more

Insider Trading Gets Political: Trading on Political Intelligence

Some things are better left unsaid. Especially, it seems, when they involve political intelligence shared by a congressional aide with a lobbyist linked to a political intelligence firm serving Wall Street traders....more

U.S. Supreme Court Finds Sworn Testimony Outside Scope of Regular Job Duties Entitled to First Amendment Protection

While the labor and employment law world is abuzz after the decisions in Burwell v. Hobby Lobby and Harris v. Quinn (cases this Blog will cover in the coming days), the United States Supreme Court also issued a decision...more

Authentication of Social Media Evidence: Best Practices

While the need to authenticate evidence is not new, the types of evidence that trial lawyers need to authenticate is. Social media evidence is one example. While not the type of evidence most practitioners are accustomed...more

Supreme Court Finds Public Employee's Testimony in Criminal Trial Protected Under First Amendment

Last week, the U.S. Supreme Court unanimously held that a public employee cannot be retaliated against by his employer based on testimony provided by him under subpoena in a criminal proceeding. In Lane v. Franks, the...more

Friday Afternoon Smackdown – The SEC v. The House Of Representatives

On Friday, June 20, 2014, the Securities and Exchange Commission filed an action against the Committee on Ways and Means of the U.S. House of Representatives and congressional staffer Brian Sutter seeking enforcement of...more

First Amendment Protects Public Employees for Sworn Testimony Given Outside Scope of Regular Job Duties on Matters of Public...

U.S. Supreme Court Makes Unanimous Ruling in Lane v. Franks - The First Amendment protects a public employee from adverse employment action taken in retaliation for providing truthful sworn testimony, compelled by...more

Supremes Rule That Trial Speech is Protected Speech

Last week the U.S. Supreme Court issued an important decision affecting public employers and employee First Amendment rights to free speech. Lane v. Franks et al., No. 13-483 (U.S. June 19, 2014). Central Alabama Community...more

The Supreme Court Says Public Employee’s Court Testimony Protected From Retaliation Under The First Amendment, At Least To The...

Eight years ago the United States Supreme Court, in Garcetti v. Ceballos, instructed that speech undertaken pursuant to a public employee’s job duties is “employee” speech and not “citizen” speech, and hence is not protected...more

U.S. Supreme Court Rules that Sworn Testimony by Employee is Protected by the First Amendment

Providing truthful, sworn testimony outside the course of ordinary job duties is First Amendment speech for the purposes of retaliation lawsuits, the U.S. Supreme Court ruled on June 19, 2004. The ruling prohibits a public...more

U.S. Supreme Court Holds Sworn Testimony Relating to Public Employee’s Employment Protected by First Amendment Where Speech is...

Recently, the United States Supreme Court granted certiorari to resolve whether a public employee’s testimony in response to a subpoena is entitled to First Amendment protection where providing such testimony is outside the...more

Did You Know…Compelled Public Employee Testimony May Be Protected By the First Amendment

The Supreme Court’s recent unanimous decision in Lane v. Franks held that the First Amendment protects a public employee who provided truthful sworn testimony, compelled by subpoena, outside the course of his ordinary job...more

Supreme Court Rules that Public Employee's Testimony Is Protected by First Amendment

The U.S. Supreme Court recently held that a public employee's truthful sworn testimony, under subpoena, which was not part of his ordinary job duties, was entitled to First Amendment protection. See Lane v. Franks (June 19,...more

U.S. Supreme Court Unanimously Holds That Public Employee’s Truthful Subpoenaed Testimony Was Protected Speech Under the First...

It has long been recognized that public employees are not excluded from First Amendment protection, and for more than 40 years the courts have wrestled with balancing the free speech rights of a public employee against the...more

Supreme Court Rules Public Employee’s Sworn Testimony Is Protected

Declaring that “public employees do not renounce their citizenship when they accept employment,” the Supreme Court of the United States held today that the First Amendment protects a public employee’s truthful sworn...more

Supreme Court Decides Lane v. Franks

On June 19, 2014, the United States Supreme Court decided Lane v. Franks, No. 13-483, holding that a public employee's sworn testimony is entitled to First Amendment protection when it is given outside the scope of ordinary...more

Non-Parties And Electronic Discovery: Limiting The Scope And Cost Of Responding To Invasive Rule 45 Subpoenas

“[D]iscovery is by definition invasive [and] parties to a law suit must accept its travails as a natural concomitant of modern civil litigation.” But “[n]on parties have a different set of expectations” and discovery aimed at...more

How A Public Records Act Request Can Be Better Than A Subpoena Duces Tecum

The California counterpart to the Freedom of Information Act (aka FOIA) is the Public Records Act, Government Code Section 6250 et seq. In a recent unpublished decision, the Court of Appeal succinctly explains why submitting...more

Court Quashes Subpoena Seeking Unissued Arbitration Award

After striking the affirmative defense of failure to mitigate, a court quashed a subpoena issued to an arbitrator seeking an unissued arbitration award in a dispute between certain defendants and their reinsurer....more

Federal Court Approves EEOC Subpoena in Investigation of Giant Milwaukee Indian Casino

Federal Agency Says Decision Confirms Authority to Investigate Charges of Discrimination Involving Business Operations of Indian Employers - MILWAUKEE, Wis. - On May 6, U.S. District Judge Lynn Adelman approved the...more

House issues subpoenas in connection with investigation of alleged CFPB employee discrimination

According to a Politico report, the House Financial Services Committee’s Subcommittee on Oversight and Investigations voted yesterday to issue three subpoenas in connection with the Subcommittee’s investigation into alleged...more

This Week In Securities Litigation (Week ending April 17, 2014)

High speed trading continued to be a central focus in this shortened week with the markets closed on Friday. The New York Attorney General has reportedly issued subpoenas to three firms for information regarding their...more

5 Steps for Handling an Antitrust Subpoena or CID

The news is filled with stories about government investigations into possible violations of antitrust laws: alleged anticompetitive conduct by Google, price fixing by Apple and bid rigging by large financial institutions....more

Reining In Overbroad Criminal Subpoenas – Is Some Relief In Sight?

In the wake of the national financial crisis, both the U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) publicly committed themselves to enhanced enforcement of federal financial laws...more

Twitter, Evidence, Privacy and Social Media

A recent case, albeit one dealing with a governmental subpoena, shows that the SCA may not be the panacea that social networking sites think it is. In People v. Harris, Twitter sought to quash a subpoena it had received to...more

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