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Subpoenas Federal Rules of Civil Procedure

Butler Snow LLP

Subpoenaed Remote Testimony from Anywhere and Everywhere? Ninth Circuit Says No.

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With the COVID pandemic, remote video depositions and trial testimony very quickly went from rare to routine. Remote testimony, for the most part, is viewed as a convenience to both witnesses and attorneys, and parties and...more

EDRM - Electronic Discovery Reference Model

April’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published April 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

ArentFox Schiff

Look Before You Leap: Nine Fundamentals of Effective Subpoena Responses for Nonprofits and Associations

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Nonprofits and associations commonly receive subpoenas. Though it can be stressful to receive one, engaging in appropriate due diligence can help an organization effectively manage its response....more

Husch Blackwell LLP

Five Important Things to Consider When You Receive a Third-Party Subpoena

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So, you’ve received a third-party subpoena. Now what? A third-party subpoena is the procedural mechanism that allows parties in litigation to obtain evidence from non-party individuals and/or entities. For federal cases,...more

EDRM - Electronic Discovery Reference Model

Changing the Forum for a Motion to Quash a Subpoena

In Rullan v. Goden, 2024 WL 1191600 (D. Md. Mar. 20, 2024), the Hon. J. Mark Coulson construed a Fed.R.Civ.P. 45 motion to quash or modify a subpoena, which would have been heard in New York, as a Fed.R.Civ.P. 26(c) motion...more

CDF Labor Law LLP

Deleting Relevant Text Messages Can Cost You

CDF Labor Law LLP on

​​​​​​​Earlier this week, the Ninth Circuit in Jones v. Riot Hospitality Group, 2024 WL 927669 (9th Cir. Mar. 5, 2024) affirmed the dismissal of an employee’s claims against her employer and found that terminating sanctions...more

Troutman Pepper

Pro Hac Vice, Ye Be Warned: A Cautionary Tale to Out-of-State Attorneys and Their Local Counsel

Troutman Pepper on

On August 23, Judge Rebecca Beach Smith issued a notable decision that serves as a stern warning to out-of-state counsel seeking to practice in the Eastern District — and, perhaps more so, to the local counsel who choose to...more

Dechert LLP

Bankruptcy Court Approves Service of Subpoenas Via Email and Twitter

Dechert LLP on

In the Chapter 15 case of Three Arrows Capital, Ltd., the Bankruptcy Court for the Southern District of New York recently held that Rule 45 of the Federal Rule of Civil Procedure (“Rule 45”) authorizes service of subpoenas to...more

Array

Four Tips for Avoiding a Subpoena Horror Story

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Does the thought of improperly preparing subpoenas for litigation keep you up at night? Given the heavy workloads and tight deadlines attorneys and paralegals routinely face, it’s all too easy for errors to slip through in...more

HaystackID

[Webcast Transcript] eDiscovery Playbooks: How to Win by Day and Sleep at Night

HaystackID on

Editor’s Note: On September 21, 2022, Business Intelligence Associates (BIA), a recently acquired HaystackID company, shared an educational webcast on the role of eDiscovery playbooks in litigation preparedness. Regardless of...more

Esquire Deposition Solutions, LLC

Do Remote Depositions From Home Violate Rule 45(c)’s 100-Mile Subpoena Limit?

We recently blogged about a case in which a court ruled that a subpoena for a remote deposition did not violate Federal Rule of Civil Procedure 45(c)’s 100-mile limit on subpoenas for non-party witnesses because the deponent...more

Array

Do Rule 45 Restrictions Apply to Remote Proceedings? Courts Are Split

Array on

The rise of remote proceedings in response to the COVID-19 pandemic has led federal courts to consider novel issues involving the subpoena of individuals for remotely held depositions and hearings. Last year, three federal...more

Vinson & Elkins LLP

Inside Baseball on Privilege Waiver: the Los Angeles Angels’ Recent Win Over Federal Prosecutors Serves a Welcome Reminder to...

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In a high-profile dispute between federal prosecutors and the Los Angeles Angels relating to criminal charges filed in the aftermath of a tragic overdose and death of an Angels pitcher, the government went on the offensive...more

Epiq

ESI and Evidence: Sedona Updates Guidelines on Subpoenas and Admissibility

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The world runs on digital. Courts and litigators must understand how digitization can affect their cases. This past October, the Sedona Conference released updated analyses to help legal professionals navigate and adapt to...more

Haug Partners LLP

Meet and Confer Requirements Added for Rule 30(b)(6) Depositions

Haug Partners LLP on

Rule 30(b)(6) of the Federal Rules of Civil Procedure, which concerns the use of a deposition notice or subpoena directed to an organization, was amended in December 2020 to require that parties meet-and-confer prior to...more

Proskauer - Minding Your Business

Key Takeaways from the Amendment to Rule 30(b)(6)

This past year has brought lots of change, including an amendment to Rule 30(b)(6) of the Federal Rules of Civil Procedure. Rule 30(b)(6) governs the deposition of an organization (e.g., a corporation or a partnership) and...more

McGlinchey Stafford

The Bullet Point: Ohio Commercial Law Bulletin Do I have The Right Of Set-Off? - Volume 4, Issue 21

McGlinchey Stafford on

Objections to Foreign Subpoena- Byrd v. Lindsay Corp., 7th Dist. Mahoning No. 19 MA 0116, 2020-Ohio-5461- In this appeal, the Seventh Appellate District affirmed the trial court’s decision and agreed that the documents...more

Woods Rogers

Magistrate Judge Leonard holds that the FRCP Require Parties to Sign Authorizations

Woods Rogers on

As if subpoena practice is not expensive and time-consuming already, there are times in which even a subpoena will not suffice to obtain a third-party’s records.  Federal statutes may create confidentiality issues, or a state...more

Lowenstein Sandler LLP

Best Practices for Responding to Subpoenas That Conflict With Foreign Data Privacy Laws

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Companies who do business in the United States and have documents located abroad must understand the potential conflicts between the broad extraterritorial discovery authorized by U.S. courts, and the major restrictions on...more

Epiq

The Tech Factor: Special eDiscovery Considerations for the Tech Sector

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Many questions arise during the discovery process: What type of data do parties need to preserve? How should they obtain, review, and disclose it? Are third-party subpoenas necessary? These are just a few things parties need...more

Morrison & Foerster LLP

Second Circuit Resolves Important Questions Regarding Discovery in Aid of Foreign Litigation Under 28 U.S.C. § 1782

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For more than a half a century, the United States has provided a powerful tool to obtain U.S. style discovery in aid of foreign proceedings. For years the statute was seldom utilized. But, in recent years, there has been a...more

Sheppard Mullin Richter & Hampton LLP

Pursuing and Responding to Discovery Requests Under 28 U.S.C. § 1782

As discussed in a previous blog post, an interested party in a foreign or international proceeding may apply to a United States District Court for discovery from an individual or corporation who resides or is found in the...more

Sheppard Mullin Richter & Hampton LLP

Don’t Be Fooled: Seven Myths About Congressional Oversight

As the Democrats in Washington prepare to assume control of the House of Representatives following the 2018 midterm elections, “pundits” and “experts” are speculating about the Congressional oversight that will occur over the...more

Womble Bond Dickinson

How a European Union Privacy Law is Shaping North Carolina Business and Litigation

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These days, it has been commonplace for data breaches and data privacy issues to pervade the news cycle. Earlier this summer, data privacy also likely pervaded your inbox in the form of dozens of emails from companies...more

Snell & Wilmer

California vs. Federal Practice: Document Requests and Depositions

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Many litigation practices, such as motion drafting, deposition questioning and defending, or presenting oral arguments, cross-apply whether in state or federal court. But, while there are many similarities between ...more

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