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Third-Party Depositions

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

Esquire Deposition Solutions, LLC

Who Can Attend a Remote Deposition?

Until very recently, the rule in many jurisdictions was that any individual could attend a deposition unless the trial court ordered otherwise. Some litigators brought expert witnesses to the deposition of the opposing...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

Burr & Forman

Arbitrator: Produce Those Construction Documents . . . And Me: You Have No Authority!

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Construction disputes often involve voluminous amounts of discovery, including documents in the hand of third parties.  And if the case is subject to arbitration, it is likely that there will be a dispute about whether the...more

Clark Hill PLC

Texas Ethics Opinion Weighs In On Online Investigative Research

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A recent Texas Ethics Opinion, Ethics Opinion 671, holds that lawyers may be subject to discipline for anonymously contacting third-parties for the limited purpose of obtaining identifying or jurisdictional information about...more

JAMS

Witnesses in Arbitration – California Arbitration Act (Part I)

JAMS on

Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). This...more

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