News & Analysis as of

FRCP 45

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

Paul Hastings LLP

The Consequential Impact of the Supreme Court’s Monumental Ruling in SEC v. Jarkesy

Paul Hastings LLP on

On June 27, 2024, the Supreme Court of the United States issued its decision in SEC v. Jarkesy, holding that the Securities and Exchange Commission (“SEC”) must prosecute securities fraud before a federal court whenever it...more

Array

3 Subpoena Snafus That Can Derail Your Case

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When issuing subpoenas, accuracy is paramount: Errors can result in discovery delays, increased motion gamesmanship and worse....more

Kramer Levin Naftalis & Frankel LLP

Reflecting on Recent Sedona Conference Guidance on Managing the Costs and Burdens of Non-Party Subpoenas

Introduction - The proliferation of data and the rise of affordable cloud computing services has led many companies and organizations to outsource their data storage to third parties, a practice that raises numerous issues...more

Proskauer - Minding Your Business

Key Takeaways from the Amendment to Rule 30(b)(6)

This past year has brought lots of change, including an amendment to Rule 30(b)(6) of the Federal Rules of Civil Procedure. Rule 30(b)(6) governs the deposition of an organization (e.g., a corporation or a partnership) and...more

Mintz - Arbitration, Mediation, ADR...

Arbitration Subpoenas: Jurisdiction and Venue Basics for Enforcement Made Simpler

The statutory mechanism for judicial enforcement of an arbitration “subpoena” – in actuality, an arbitrator’s summons to give evidence -- is simply by petition to “the United States District Court for the district for which...more

Kilpatrick

Shifting Costs for Responding to Subpoenas Under FRCP 45

Kilpatrick on

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

Troutman Pepper

Fresh Takes on Seeking Costs and Fees Under Rule 45

Troutman Pepper on

Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Originally published in Law360 - February 12,...more

Troutman Pepper

Does Rule 45 Protect Nonparties From Undue Burden?

Troutman Pepper on

Parties can serve subpoenas seeking discovery from nonparties pursuant to Federal Rule of Civil Procedure 45. Originally published in Law360 - October 2, 2018. ...more

Farrell Fritz, P.C.

Rule 45’s Geographic Restrictions Do Not Apply To The Production Of Electronically Stored Information

Farrell Fritz, P.C. on

In a recent decision out of Oklahoma (Curtis v. Progressive N. Ins. Co., No. CIV-17-1076-C [W.D. Okla. June 13, 2018]), District Judge Robin J. Cauthron ruled that non-party ESI subpoenaed pursuant to Rule 45 was not subject...more

Carlton Fields

Tax Counsel Ordered To Produce Documents Related To Odyssey Reinsurance’s Continuing Quest To Collect $3.2 Million Default...

Carlton Fields on

Odyssey Reinsurance Company (“Odyssey”) has obtained an order compelling John Scannell to produce subpoenaed documents related to Odyssey’s efforts to collect a $3.2 million judgment rendered against Richard and Diane Nagby....more

Butler Snow LLP

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

Butler Snow LLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - March 2018

The ninth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

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