News & Analysis as of

Subpoenas Jurisdiction

Seyfarth Shaw LLP

Beyond the 100 Mile Rule: Court of Appeal Affirms District Court’s Power to Compel Attendance of Distant Witnesses and Unveil...

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What is the range of a federal district court’s power to compel a nonparty’s attendance at a hearing? Every practicing litigator knows the answer—“within 100 miles of where the person resides, is employed, or regularly...more

Integreon

[Webinar] Solution Lab: Thinking Outside the Box: Innovative Alternatives for Tackling High Volume Legal Processes - July 24th,...

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In the fast-paced world of legal operations, managing high volumes of Subpoenas, Law Enforcement Responses, Garnishments, Levies, Liens, and DSAR’s can be a daunting challenge. These requests can present complex issues of...more

Kohrman Jackson & Krantz LLP

How a John Doe Lawsuit Can Help You Unmask the Source of Fake Reviews, Defamation, and Harassment

The internet holds some of the largest threats an individual or business can face in 2024. Online threats can become even more challenging to address when the attacker acts anonymously...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

Vondran Legal

Cloudflare 17 U.S.C. 512(h) DMCA subpoena explained

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"We provide security and performance for millions of Internet properties and offer great functionality such as SSL and content distribution to every website on our network. Our services run silently in the background, keeping...more

Holland & Hart LLP

HIPAA and Subpoenas, Orders, and Administrative Demands

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The HIPAA privacy rules (45 CFR § 164.501 et seq.) generally prohibit healthcare providers and their business associates from disclosing protected health information in response to subpoenas and other government demands...more

Flaster Greenberg PC

The Impact of Conflict of Law on Insurance Claims

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When determining whether insurance coverage exists for a claim, a crucial consideration is whether the claim involves an event or occurrence that took place in a state other than where the relevant policy was delivered. This...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

TransPerfect Legal

Eight Best Practices for Managing Multi-District Litigations

TransPerfect Legal on

Multi-District Litigation (MDL) is a complex judicial tool to create efficiency within the court system and consolidate matters from various jurisdictions into one. For those MDLs that traverse the country–opioid most...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for May 2022 - May 24th, 1:00 pm - 2:15 pm ET

Our May monthly webinar of cases covered by the eDiscovery Today blog discusses disputes including third-party subpoena jurisdictional disputes, disputes over forensic imaging, the use of file “shredder” software and...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for April 2022 - April 21st, 1:00 pm ET

eDiscovery Case Law disputes can be “taxing” for the courts, but they’re fun to discuss! Our April monthly webinar of cases covered by the eDiscovery Today blog discusses disputes including third-party subpoena jurisdictional...more

Eversheds Sutherland (US) LLP

Quashed: Delaware Supreme Court affirms decision quashing subpoena in AT&T unclaimed property audit

On June 1, 2021, the Delaware Supreme Court affirmed the Court of Chancery’s decision to quash an administrative subpoena seeking extensive records in an unclaimed property audit of AT&T. The Delaware Department of Finance...more

Farrell Fritz, P.C.

Pandemic Aftermath: The Rise Of Interstate Depositions And Discovery

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With global commerce massively affected by the COVID-19 pandemic, post-pandemic litigation will undoubtedly result in a rise of interstate depositions and discovery. In turn, litigants engaged in actions pending outside of...more

Dorsey & Whitney LLP

The Supreme Court - December 16, 2019

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On Friday afternoon, the Supreme Court of the United States granted certiorari in the following cases: Trump v. Vance, No. 19-635: Whether as part of a district attorney’s criminal investigation targeting the President of...more

Dorsey & Whitney LLP

Mulvaney-Led CFPB Actively Litigates in Court Regarding Overdraft Policy-Related Evidence

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Many observers have reported on leadership changes at the Consumer Financial Protection Bureau (“CFPB”) and the potential shifts in policy priorities that may follow. However, in the new year, among the most interesting...more

Jones Day

Court Limits Australia's Jurisdiction to Assist International Arbitrations

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The Situation: Parties to contracts on major projects with a connection to Australia frequently arbitrate disputes elsewhere. The Development: The Federal Court of Australia ("FCA") held that Australian courts do not have...more

Eversheds Sutherland (US) LLP

What Happens in Vegas Doesn’t Always Stay in Vegas: Considerations When Discovery of Privileged Communications Is Sought in a...

In most instances, discovery disputes over applicability of a privilege are litigated in the same jurisdiction where the privileged relationship arose, and the availability of that privilege is clear. But what happens when a...more

Gray Reed

Can You Use Pre-Suit Discovery To Unmask An Anonymous Blogger In Texas?

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Last week, the Supreme Court of Texas heard oral arguments on whether a party can use a pre-suit deposition to identify an anonymous blogger. The petitioner tried to use a pre-suit subpoena to force Google to identify a...more

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