Discovery, Equal Employment Opportunity Commission (EEOC), Standard of Review

Fifth Circuit Confirms that Documents Listed on a Privilege Log Are Not Per-Se Privileged

Proskauer - Minding Your Business on 6/3/2017

If one party in a lawsuit merely identifies documents on a privilege log without detail, does the other party bear the burden of showing that the withheld materials were not privileged, in order get access to those documents?...more

Following U.S. Supreme Court Review, Ninth Circuit Remands EEOC Subpoena Case

Seyfarth Shaw LLP on 5/26/2017

Seyfarth Synopsis: After the U.S. Supreme Court clarified in McLane Co. v. EEOC, No. 15-1248, 2017 U.S. LEXIS 2327 (U.S. 2017), that the scope of review for employers facing EEOC administrative subpoenas was the...more

Supreme Court Limits EEOC Subpoena Power

Fisher Phillips on 4/4/2017

In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more

Power of the Subpoena: Will Nominee Gorsuch Limit Scope of EEOC Reach?

Bradley Arant Boult Cummings LLP on 3/8/2017

Just how broad is the EEOC’s subpoena power and are we likely to get some guidance soon? We’ve said before that the McLane v. EEOC case (which is about the EEOC’s subpoena power and is currently before the Supreme Court) is...more

The Election’s Tilt on the Supreme Court and The Impending Ruling in McLane v. EEOC

Bradley Arant Boult Cummings LLP on 1/23/2017

President-elect Trump’s election injects uncertainty into the Supreme Court’s makeup and its future rulings, including for employment-related cases. Because the Senate has not held confirmation hearings on Merrick Garland,...more

Discovery › Equal Employment Opportunity Commission (EEOC) › Standard of Review

Fifth Circuit Confirms that Documents Listed on a Privilege Log Are Not Per-Se Privileged

Following U.S. Supreme Court Review, Ninth Circuit Remands EEOC Subpoena Case

Supreme Court Limits EEOC Subpoena Power

Power of the Subpoena: Will Nominee Gorsuch Limit Scope of EEOC Reach?

The Election’s Tilt on the Supreme Court and The Impending Ruling in McLane v. EEOC

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