News & Analysis as of

Corporate Counsel Subpoenas

Butler Snow LLP

Subpoenaed Remote Testimony from Anywhere and Everywhere? Ninth Circuit Says No.

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With the COVID pandemic, remote video depositions and trial testimony very quickly went from rare to routine. Remote testimony, for the most part, is viewed as a convenience to both witnesses and attorneys, and parties and...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

Parker Poe Adams & Bernstein LLP

Business Owner Who Failed to Turn Over Pay Records Ordered to Prison

Last week, a federal judge in Michigan ordered the U.S. Marshals Service to arrest and imprison a home healthcare agency owner who repeatedly defied a U.S. Department of Labor demand that she provide pay records as part of a...more

Lathrop GPM

Kansas Federal Court Quashes Deposition of Franchisee’s General Counsel

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A federal court in Kansas recently granted Defendant Sandvik Mining and Construction’s motion to quash a deposition subpoena of its in-house counsel. Roadbuilders Machinery and Supply Co., Inc. v. Sandvik Mining and...more

Littler

Littler Lightbulb – May Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Jackson Lewis P.C.

EEOC Classwide Subpoena Based on Individual Allegations Too Broad, Federal Appeals Court Rules

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Denying the Equal Employment Opportunity Commission’s (EEOC) request to enforce a subpoena that would have expanded the agency’s investigation on a classwide basis, the U.S. Court of Appeals for the Eleventh Circuit has held...more

Oberheiden P.C.

Ten Key Facts about SEC Investigations for CEOs and In-House Counsel

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The U.S. Securities and Exchange Commission (SEC) investigates publicly-traded and privately-held companies for a broad range of statutory and regulatory violations. SEC investigations can target issues ranging from...more

Dechert LLP

Bankruptcy Court Approves Service of Subpoenas Via Email and Twitter

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In the Chapter 15 case of Three Arrows Capital, Ltd., the Bankruptcy Court for the Southern District of New York recently held that Rule 45 of the Federal Rule of Civil Procedure (“Rule 45”) authorizes service of subpoenas to...more

Seyfarth Shaw LLP

Who Let the Docs Out? OSHA Intends to Expand Subpoena Practices

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Seyfarth Synopsis: The Biden Administration’s Fall 2022 Regulatory Agenda for DOL indicates the Agency’s intent to revise and expand its use of administrative subpoenas through an “interim final rule.” OSHA claims the purpose...more

Zuckerman Spaeder LLP

In re Grand Jury: Supreme Court Considers the Scope of Attorney-Client Privilege for “Dual-Purpose Communications”

Zuckerman Spaeder LLP on

The firm petitioned the Supreme Court for review, asserting a three-way split between the Ninth Circuit (which it described as applying a primary purpose standard), the D.C. Circuit (described as applying its preferred...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

U.S. Supreme Court To Address Attorney-Client Privilege In Tax Case

Takeaway: The Supreme Court is expected to clarify the question of whether attorney-client privilege applies in “dual-purpose” communications in situations where law firms provide clients with both legal and non-legal advice....more

McDermott Will & Emery

[Event] Efficient and Early Resolutions: Best Practices to Resolve Disputes Sooner Rather than Later - October 13th, Chicago, IL

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Today’s legal departments face increased litigation risk in certain areas and must seek to manage costs amidst economic pressures. Although resolving a case may be hard to swallow at times, it may be the best business...more

Faegre Drinker Biddle & Reath LLP

ERISA Litigation Roundup: Seventh Circuit Confirms DOL’s Broad Subpoena Power

In Walsh v. Alight Solutions, LLC, — F.4th —, 2022 WL 3334450 (7th Cir. Aug. 12, 2022), the Seventh Circuit affirmed a district court order requiring Alight Solutions to produce documents in response to a Department of Labor...more

Bricker Graydon LLP

[Event] Women in Litigation Lunch & Learn - September 27th, Columbus, OH

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Please join us as Bricker attorneys and distinguished experts discuss a myriad of topics designed to provide you with valuable information that you can put to immediate use. We'll also provide networking opportunities to...more

Proskauer - New Media & Technology

Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the...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

Fisher Phillips

California Raises the Stakes for Workplace Safety Compliance with New Penalties

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Governor Newsom just signed into law a bill that could have significant ramification for California employers by extending Cal/OSHA’s scope of enforcement and creating additional penalties for employers. In particular, SB 606...more

Ervin Cohen & Jessup LLP

FTC Announces Expansion of Compulsory Process Resolutions to Eight Areas

On September 14, 2021, the Federal Trade Commission (“FTC”) voted 3-2 to approve new compulsory process resolutions in eight areas. Compulsory process refers to the issuance of demands for documents and testimony, through...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

Womble Bond Dickinson

Addressing Government Subpoenas

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Subpoenas from the government can often be viewed as unwelcome intrusions into the business of a passive custodian and its accountholders. With a few fundamentals in place, though, custodians can use subpoenas as an...more

Mintz - Bankruptcy & Restructuring Viewpoints

Amendments to Bankruptcy Rules Set to Take Effect on December 1, 2020

On December 1, 2020, certain amendments to the Federal Rules of Bankruptcy Procedure take effect. The amendments largely modify rules governing bankruptcy appeals, but also impact Rules 2002 and 2004. The changes are as...more

Health Care Compliance Association (HCCA)

[Virtual Event] 2020 Seattle Regional Conference - June 5th, 8:30 am - 4:15 pm PDT

Our Virtual Regional Healthcare Compliance Conferences provide updates on the latest news in regulatory requirement, compliance enforcement, and strategies to develop effective compliance programs. Watch, listen, and ask...more

Skadden, Arps, Slate, Meagher & Flom LLP

The State of Congressional Investigations Heading Into 2020

When members of the U.S. House of Representatives and Senate were sworn into office in January 2019, Democrats took control of the House and its oversight agenda for the first time in eight years, 235-200 seats, and...more

Akin Gump Strauss Hauer & Feld LLP

Court Allows Plaintiff to Call Defendant’s In-House Attorney Responsible for Supervising Trial to Testify About Advice of Counsel...

In Sound View Innovations, LLC v. Hulu, LLC, a district court denied Hulu’s motion to quash a subpoena directed to its trial-supervising in-house attorney. The court agreed that Sound View may question Hulu’s attorney live,...more

Jackson Lewis P.C.

[Webinar] What You Need to Know When Government Investigators Knock - December 4th, 2:00 pm ET

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Receiving notice that the government is investigating your organization, employees or corporate and/or scientific practice can be a cause for alarm – but it doesn’t have to be. Former federal prosecutors and Jackson Lewis...more

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