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Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”?
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Key Discovery Points: Timing is Mostly Everything in eDiscovery
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A litigation before a court in one jurisdiction may require taking third-party discovery from third parties located in different jurisdictions. Litigants seeking third-party discovery from parties in other states may quickly...more
Collecting evidence in litigation is critical to building a strong case, but it can be tricky – especially when opposing counsel raises objections. When subpoenaing records from a third-party witness, disputes often arise...more
Join Niall McMillan and Anders Sleight from Offit Kurman as they delve into the complexities of handling subpoenas in commercial litigation. They discuss the importance of reviewing subpoenas carefully, understanding their...more
In Lively v. Wayfarer Studios LLC, 2025 WL 662896 (S.D.N.Y. Feb. 28, 2025), the court granted in part and denied in part a motion to quash subpoenas issued to AT&T, Verizon, and T-Mobile (the “Wayfarer Parties”) by Ms. Blake...more
The discovery process is a crucial part of any Telephone Consumer Protection Act (“TCPA”) lawsuit. Oftentimes, important information and documents, such as consent records, will be in the possession of third parties. As a...more
In this episode, AGG Healthcare Litigation co-chair Jason Bring is joined by AGG Healthcare Litigation and Government Investigations partner Kara Silverman to discuss best practices for healthcare companies facing a...more
On October 30, 2024, in Alternative Global One, LLC v. Feingold, the New Jersey Appellate Division affirmed a trial court’s orders denying a New Jersey litigant’s motion to quash a subpoena for his deposition in underlying...more
Medical record retrieval is critical to a wide variety of legal disputes. These include cases directly about healthcare-related concerns alongside others that could depend on facts proven through the types of medical records...more
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
A process server is integral to initiating court cases in the legal system. But what is a process server, exactly? In simplest terms, the process server must ensure the timely and lawful delivery of court documents to...more
Trial is fast approaching. With 30 days left before the starting date, how will you accomplish all the tasks that remain? It’s time to work together and utilize your support staff to get you successfully through the final...more
The RIA Compliance and Legal Strategies Conference is an essential event for registered investment advisors to gain a valuable understanding of current regulatory and compliance-related issues. Attendees will earn 5 CE...more
Does the thought of improperly preparing subpoenas for litigation keep you up at night? Given the heavy workloads and tight deadlines attorneys and paralegals routinely face, it’s all too easy for errors to slip through in...more
We recently blogged about a case in which a court ruled that a subpoena for a remote deposition did not violate Federal Rule of Civil Procedure 45(c)’s 100-mile limit on subpoenas for non-party witnesses because the deponent...more
The rise of remote proceedings in response to the COVID-19 pandemic has led federal courts to consider novel issues involving the subpoena of individuals for remotely held depositions and hearings. Last year, three federal...more
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
Rule 30(b)(6) of the Federal Rules of Civil Procedure, which concerns the use of a deposition notice or subpoena directed to an organization, was amended in December 2020 to require that parties meet-and-confer prior to...more
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
With global commerce massively affected by the COVID-19 pandemic, post-pandemic litigation will undoubtedly result in a rise of interstate depositions and discovery. In turn, litigants engaged in actions pending outside of...more
Companies who do business in the United States and have documents located abroad must understand the potential conflicts between the broad extraterritorial discovery authorized by U.S. courts, and the major restrictions on...more
You just opened your mail – or worse yet, were confronted by a representative of a court (sometimes in uniform) – and learned that a subpoena has been issued to you in connection with an on-going legal action. Admittedly,...more
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
Often when a business is served with a third-party subpoena, the reaction is either annoyance, dread, or anger. What are your options? How can you protect your business from getting dragged into litigation that you...more
Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more
Parties can serve subpoenas seeking discovery from nonparties pursuant to Federal Rule of Civil Procedure 45. Originally published in Law360 - October 2, 2018. ...more