News & Analysis as of

FRCP 45 Litigation Strategies

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

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

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

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