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Subpoenas Third-Party

Axinn, Veltrop & Harkrider LLP

FRCP 45 Does Not Apply to the Court’s Lit-Funding Orders That Were Reasonable and Within the Court’s Inherent Authority

5 On July 16, 2024, the Federal Circuit affirmed both the sua sponte order issued by the District of Delaware requiring Lori LaPray, the purported owner of all of the plaintiff LLCs created by the patent monetization firm, IP...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

Integreon

Thomson Reuters: Achieving Compliance With Your Law Enforcement and Third-party Subpoena Response Process

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This article originally appeared on Thomson Reuters Westlaw Today on February 12, 2024. View the original article here. Robert Daniel and Mark Grant of Integreon, Inc. explore areas legal operations professionals should...more

Bass, Berry & Sims PLC

False Claims Act Fundamentals: How to Respond to a Third-Party Subpoena

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If you are part of a heavily regulated—or heavily litigated—industry, at some point, you or your company are likely to receive a third-party subpoena. This post offers guidance on how to respond to this common discovery...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

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

Saiber LLC

District of New Jersey Recognizes Good Cause for ISP to Provide Identity of Alleged Infringer Through Expedited Discovery, But...

Saiber LLC on

In a recent opinion, Strike 3 Holdings, LLC v. John Doe Subscriber (D.N.J. Oct. 6, 2021), the United States District Court for the District of New Jersey considered when a plaintiff may be granted leave to serve pre-Rule...more

Woods Rogers

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

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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

K&L Gates LLP

Responding to Third Party Subpoenas

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - In civil litigation, litigants often seek information from third parties by using document subpoenas. In federal court, those subpoenas are governed by Rule 45 of the Federal Rules...more

Manatt, Phelps & Phillips, LLP

California Supreme Court Provides Seven-Factor Test for Motions to Quash Criminal Subpoenas

On August 13, 2020, the Supreme Court of California issued its decision in Facebook, Inc. v. Superior Court (Lance Touchstone), S245203, which examines the enforceability of third-party subpoenas issued by criminal defendants...more

Morrison & Foerster LLP

Chancery Allows Limited Discovery In Books And Records Action To Test Stockholder’s Purpose

On July 24, 2020, the Court of Chancery in Delaware rejected defendant Centene Corporation’s broad document requests and third-party subpoenas issued as part of a stockholder action to inspect books and records, but allowed...more

Kilpatrick

Shifting Costs for Responding to Subpoenas Under FRCP 45

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Subpoenas provide a necessary discovery tool for parties to obtain relevant and many times critical information for litigation, but they often burden uninvolved third parties with the hassle and distraction of investigating...more

Buckingham, Doolittle & Burroughs, LLC

I Just Got a Subpoena. Now What?

You just opened your mail – or worse yet, were confronted by a representative of a court (sometimes in uniform) – and learned that a subpoena has been issued to you in connection with an on-going legal action. Admittedly,...more

Robins Kaplan LLP

Florida Appellate Court Limits a Nonparty’s Duty to Preserve Evidence

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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

McDermott Will & Emery

Ninth Circuit Interprets Summons Notice Rules Strictly Against IRS

The Internal Revenue Service (IRS) had broad examination authority to determine the correct amount of tax owed by taxpayers. In addition to seeking information directly from a taxpayer, the IRS is also authorized to seek...more

Adler Pollock & Sheehan P.C.

You’ve Been Served: Responding To A Third-Party Subpoena

Often when a business is served with a third-party subpoena, the reaction is either annoyance, dread, or anger. What are your options? How can you protect your business from getting dragged into litigation that you...more

Carlton Fields

Court Enforces Arbitration Subpoena Against Third-Party Walgreens in Pharmaceutical Drug Overcharge Dispute

Carlton Fields on

The plaintiff in the underlying arbitration (Health Options) served a third-party subpoena on Walgreens to attend a hearing and produce documents concerning the prices it charged for pharmaceuticals to Navitus that Health...more

Payne & Fears

Nonparty Discovery in California Arbitration: How to Get What You Want

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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

Jones Day

DOJ Announces Merger Process Reforms: Déjà Vu All Over Again?

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The Situation: Between 2013 and 2017, the average length of a U.S. Department of Justice ("DOJ") Antitrust Division merger review increased 65 percent to 10.8 months. The Response: DOJ announced reforms to improve...more

BCLP

Responding To Third Party (Non-Government) Civil Subpoenas And Document Requests That Ask For Personal Information

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Litigants in a civil dispute often use subpoenas, subpoenas duces tecum, and discovery requests to obtain personal information about individuals who may not be present in the litigation. A request for documents and...more

Nutter McClennen & Fish LLP

Judge Leibensperger Orders Cost Shifting on Rule 45 Subpoena

While litigants often invoke Rule 45 to discover documents from third parties during the course of litigation, courts have rarely ordered payment of the fees incurred by the third party to comply with the subpoena. Judge...more

Butler Snow LLP

Wait, Why Am I Receiving This? Practice Pointers on Third Party Responses to Litigation Preservation Demands

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Most commercial litigators are familiar with the process for responding to a subpoena demanding the production of documents from a non-party to litigation under Federal Rule of Civil Procedure 45. But 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

Jones Day

ITC Denies Request to Modify Protective Order

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In a recent Notice, the Commission denied Respondents’ motion to modify the administrative protective order (APO) to permit them to use a third party’s confidential business information in related European proceedings....more

Wilson Sonsini Goodrich & Rosati

Tips for Negotiating a Third-Party Subpoena in a Merger Investigation

Humana recently lost its effort to limit third-party discovery requests served by the Federal Trade Commission (FTC) in its ongoing Walgreens/Rite Aid investigation. Typically, negotiations over the scope of third-party...more

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