News & Analysis as of

Subpoenas Fifth Amendment

Holland & Knight LLP

Beyond Politics: Attorney-Client Privilege and Work Product Protection

Holland & Knight LLP on

American Bar Association Model Rule 2.1 and its state law equivalents recognize that in advising a client, a lawyer may take into account and refer to "moral, economic, social and political factors that may be relevant to the...more

Patterson Belknap Webb & Tyler LLP

Circuit Rules Court Lacked Authority to Compel Compliance with Subpoena Issued by Expired Grand Jury

On June 3, 2020, the Circuit (Winter, Pooler, Sullivan) issued a noteworthy decision in In re: Grand Jury Proceeding regarding the authority of a district court to enforce a grand jury subpoena. Relying in part on a nearly...more

Baker Donelson

At the Crossroads: Legal Considerations Where Government Investigations Overlap with Tort Risk in Long Term Care

Baker Donelson on

In roughly the seventh week after a majority of states and the federal government issued emergency declarations or "lock down" executive orders, the true impact of COVID-19 is only beginning to be fully transparent. In long...more

K&L Gates LLP

Congressional Investigations 101: To Comply or Not to Comply

K&L Gates LLP on

In this interview, Andrew M. Wright, partner in the public policy and law and the investigations, enforcement and white collar practice groups, discusses whether companies can refuse to comply with a congressional subpoena...more

Ward and Smith, P.A.

A Parallel Universe: Navigating Discovery in Concurrent Civil and Criminal Proceedings

Ward and Smith, P.A. on

As criminal law has expanded into almost every sector of the American economy, one byproduct is the rise of "parallel proceedings"—lawsuits that proceed concurrently in criminal and civil court based on largely the same...more

Jackson Lewis P.C.

Mine Commission Upholds Safety Agency’s Demand for Records in Split Decision

Jackson Lewis P.C. on

The Federal Mine Safety and Health Review Commission has upheld a judge’s decision favoring the government over a Western Kentucky coal operator who had refused to honor a directive to provide federal authorities with a...more

Mintz - Securities & Capital Markets...

Just How Scary is the SEC? “Fear” Not Sufficient Grounds to Duck Administrative Subpoena

A witness testifying under oath before the SEC recently refused to answer any questions directed to him, not because of any privilege, but rather — as he said, sixty-eight different times – because he was “scared” and...more

BakerHostetler

When a Custodian of Records Has a Fifth Amendment Privilege

BakerHostetler on

In a recent decision, the U.S. Court of Appeals for the Third Circuit held that a physician acting as custodian of records may not withhold records subpoenaed from his professional association on Fifth Amendment...more

Williams Mullen

Fourth Circuit Court of Appeals Holds that Required Records Exception Trumps Fifth Amendment

Williams Mullen on

On December 13, 2013, the Fourth Circuit Court of Appeals in United States v. Under Seal, 2013 U.S. App. LEXIS 24785 (4th Cir. Va. Dec. 13, 2013), held that the required records doctrine applies when the government subpoenas...more

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