News & Analysis as of

Document Requests

Practice Pointers to Best Utilize or Respond to Document Requests: Sedona Publishes Rule 34 Primer

by Pepper Hamilton LLP on

The rules governing how litigants conduct written discovery changed substantially on December 1, 2015, when major amendments to the Federal Rules of Civil Procedure took effect....more

Court Declines To Quash Subpoena Issued To South Carolina Department Of Insurance In Companion Property Case

by Carlton Fields on

We previously reported on this case on January 5, 2016, June 28, 2016, July 20, 2016, and December 14, 2016. The case concerns Companion Property and Casualty Insurance Company’s participation in a fronted insurance program...more

How to Respond to Civil Subpoenas and Document Requests That Ask For Personal Information

by Bryan Cave on

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

Rules Amendments Mean That Proportionality Limits Even MDL Discovery

by Reed Smith on

We’ve blogged several times over the past couple years about the 2015 amendments to the federal rules as they pertain to discovery, including electronic discovery. Earlier this year, after the amendments had been in effect...more

Virginia Supreme Court Opinions Affecting Local Government Law: September 15, 2016

by Sands Anderson PC on

The Virginia Supreme Court issued two opinions in September affecting local government law. Its work resulted in opinions addressing legislative privilege from document requests, and applying a local government tax exemption...more

New Sedona Conference Commentary Recommends Restricting the Reach of Document Requests Directed to U.S. Affiliates of Overseas...

Earlier this month, the Sedona Conference issued the final version of its “Commentary on Rule 34 and Rule 45 ‘Possession, Custody, or Control.’” The Commentary recommends adopting the “legal right” test to analyze the...more

ACCC investigations: A short guide on what to do and how to prepare

by DLA Piper on

The Australian Competition and Consumer Commission (ACCC) has powers to investigate potential breaches of competition and consumer law in Australia – including cartel conduct, anti-competitive arrangements, misuse of market...more

Illinois AG Rules That Public Employees' Personal Emails Are Public Records - Messages Pertaining to Public Business in Personal...

by Holland & Knight LLP on

Illinois Attorney General Lisa Madigan has issued a binding opinion under the state's Freedom of Information Act (FOIA) that email messages sent or received through public employees' personal email accounts may be public...more

President Signs Freedom of Information Act Reforms

by BakerHostetler on

Obtaining government documents through the Freedom of Information Act (FOIA) should become somewhat easier under a law signed by President Obama on June 30, 2016. The law, known as the FOIA Improvement Act of 2016 (S. 337),...more

Five Ways to Survive a Department of Labor (“DOL”) Health and Welfare Plan Investigation

by Snell & Wilmer on

DOL health and welfare plan investigations are on the rise. There are best practices for plans chosen for investigation: 1. Get Employee Benefits Counsel Involved Early. The DOL investigation process generally...more

CMS Announces Risk-Based Adjusted Additional Documentation Request Limits for Institutional Providers

by King & Spalding on

On May 3, 2016, CMS announced the availability of a revised method to calculate additional documentation request (ADR) limits for Institutional Providers in the Recovery Audit Contractor (RAC) Program. Under the new method,...more

Discovery Dispute Regarding Key Word Searches Is Granted In Part And Denied In Part

by Morris James LLP on

Plaintiff requests that defendant search its database for documents containing the following terms: charge sharing, power race, contention, and short circuits and their synonyms. Plaintiff justifies this discovery on the...more

Health Care Advisory: Georgia Hospitals Can Close the Door on Open Records Requests

by Alston & Bird on

In a closely watched case, the Georgia Court of Appeals, in Smith v. Northside Hospital, Inc., affirmed the determination that Northside Hospital—a private, nonprofit corporation—was not required to comply with a request for...more

Court Orders Document Production Without Prejudice To Later Sanctions

by Morris James LLP on

Stark, C. J. Sanctions motion is considered. Defendant seeks sanctions for plaintiff’s failure to comply with a court order to produce documents....more

The Top Seven Takeaways from the December, 2015 Federal Rules Amendments

by Fenwick & West LLP on

Can rule changes streamline litigation to make discovery proportional to the case, improve case management, cut down foot-dragging in response to document requests, eliminate “over-preservation” of records and expedite...more

What to do with a Delaware unclaimed property audit document request? Pending litigation may provide an answer.

by Reed Smith on

If you have received a request for information in connection with a Delaware unclaimed property audit that appears to be excessively broad and you don’t know how to respond, you are in good company—even Delaware seems to be...more

Extensive Changes to the Federal Rules of Civil Procedure

by Carlton Fields on

Several significant amendments to the Federal Rules of Civil Procedure took effect Tuesday. They are probably the most wide-ranging set of changes to the rules in more than 20 years. Here are the key...more

Ninth Circuit: The EEOC Can Subpoena Extensive Employee Information

by Seyfarth Shaw LLP on

As our readers may recall, in November 2012, Judge G. Murray Snow of the U.S. District Court for the District of Arizona nixed a subpoena issued by the EEOC seeking employee pedigree information (name, address, telephone...more

Domestic Partnership Agreements: Financial Disclosures and Privacy

by Carlton Fields on

To reduce risk of later attack on the domestic partnership agreement, domestic partners should make fair and reasonable financial disclosures to each other prior to signing the agreement. Each partner should disclose to the...more

Access to Employee Benefit Records - Take Action Now to Avoid Issues Later

by Poyner Spruill LLP on

Today, many records relating to employee benefits reside with vendors administering those benefit plans (including forms mandated by statute and regulations, participant phone call center recordings and notes, benefit...more

Hensarling establishes new policy for issuing subpoenas and gives CFPB deadline for responding to document requests

by Ballard Spahr LLP on

Republican Congressman Jeb Hensarling, who chairs the House Financial Services Committee, has established a new policy for using his authority to issue subpoenas to the CFPB and other agency’s subject to the Committee’s...more

Court Denies Request For Documents

by Morris James LLP on

Defendant seeks documents on the basis of the crime-fraud exception relating to abandonment and revival of a patent application which eventually issued. ...more

A Valuable Point From The NC Business Court On Subpoenas Without Depositions

by Brooks Pierce on

Can you send a subpoena duces tecum -- which translated from Latin is "a writ commanding a person to produce in court certain designated documents or evidence " -- without coupling it with a deposition?...more

Court Compels Discovery Of Reinsurance And Other Insurance Documentation From Insurer In Garnishment Proceedings

by Carlton Fields on

The judgment was entered in a class action by plaintiffs who lost their tuition payments for computer training programs at schools that abruptly closed in 2009. In attempting to collect on the judgment, plaintiffs served...more

Getting to Appeals In an Estate or Gift Tax Audit with Pending Information Requests

by Charles (Chuck) Rubin on

Ain’t gonna happen! So says the IRS in guidance released by the IRS, at least in most circumstances. In a memo to IRS estate and gift tax examination employees, the IRS advises...more

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