AGG Talks: Antitrust and White-Collar Crime Roundup - The D.C. and Georgia Trump Indictments
What to Do When an Employee Receives a Subpoena
When Should Presidential Appointees Lawyer Up? [More with McGlinchey, Ep. 17]
Do I Need a Lawyer? Federal Employees Under Investigation [More with McGlinchey Ep. 1]
PODCAST: Williams Mullen's Benefits Companion - Government Investigative Demands
Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?
What Not To Do If You Are Involved in a Federal Criminal Investigation
Do You Need A Lawyer for a Federal Grand Jury Subpoena?
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
Let’s begin by defining what a “third-party subpoena” is. A third-party subpoena is any subpoena issued in the course of a proceeding to someone who is not a plaintiff, defendant or intervenor in the lawsuit, or, in the...more
The California Court of Appeal, Fourth District, Division One, issued the following published decision...more
Nonparty Lawrence Satz received an arbitral subpoena in a proceeding between International Seaway Trading Corp. and Target Corp. Satz was a former owner of Seaway. The subpoena — the second issued to Satz during the...more
New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be defrayed by the party issuing the subpoena....more
We are frequently approached by health care providers who have received a subpoena demanding patient records for a lawsuit to which the health care provider is not a party. Often times these subpoenas arrive without warning...more
Florida’s Fifth District Court of Appeal has ruled that Florida law does not impose an obligation on a nonparty to preserve evidence based solely on the foreseeability of litigation. Shamrock-Shamrock, Inc. v. Remark involved...more
The Federal Arbitration Act (“FAA”) §7 (9 U.S.C. §7) enables arbitrators to “summon … any person to attend before them or any of them as a witness and in a proper case to bring with him or them any [document] which may be...more
Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more
It has been widely reported that lawyers representing Colin Kaepernick in collective bargaining arbitration proceedings with the NFL are considering asking the arbitrator to issue a subpoena to compel President Trump to...more
A recent decision by the Supreme Court of Appeals of West Virginia draws a sharp line of distinction for hospitals responding to nonparty subpoenas against the unauthorized disclosure of confidential mental health records. In...more
Defendants wanted to examine GEICO’s Rule 30(b)(6) witness about GEICO’s special investigation unit practices, protocols and guidelines, as well as its resources and procedures devoted to claim verification and fraud...more
Litigators in the U.S. often take for granted the ease with which they can obtain discovery from non-parties in our federal and state courts. One might assume that the “presumption in favor of arbitrability” embodied in the...more
The seventh edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more
In a recent decision, Justice Lawrence S. Knipel in the Commercial Division ordered an attorney to comply with a non-party subpoena and disqualified the same attorney from representing her client in the action pursuant to the...more
If you are a regular reader of this blog, you know that litigating a trade secrets case in the Business Court can be tough. Last year, the Court barred a plaintiff from engaging in any discovery at all until it identified...more
When we all return to work from Thanksgivukkah weekend, Federal Rule of Civil Procedure (FRCP) 45, governing non-party subpoenas, will have changed, effective December 1, 2013. To review the new content, follow one or both...more
In Daou v. Huffington, No. 651997/2010 (N.Y. Sup. Ct., N.Y. Cnty. Feb. 14, 2013), the Supreme Court (J. Ramos) granted nonparty Timothy Armstrong’s (“Armstrong”) motion to quash a subpoena served on him by political...more
If you are in NC state court and want to take the deposition of an out-of-state non-party, the Order last week in Out of the Box Developers, LLC v. Logicbit Corp. carries a few lessons. Serving A Subpoena. You can't...more
The Federal Arbitration Act (FAA) was enacted to ensure the enforceability and validity of arbitration agreements. Through the enactment of this sweeping legislation, Congress signaled its approval of arbitration as a form of...more