News & Analysis as of

Motions to Quash Subpoenas

Laughlin, Falbo, Levy & Moresi LLP

Subpoena Compliance 101: LFLM’s Subpoena Response Protocols and Guidance

There continues to be a steady increase in subpoenas seeking claims files and human resources or personnel files from applicant’s counsel. Receiving and responding to subpoenas can be burdensome and costly, especially for...more

Stange Law Firm, PC

What Is A Business Records Affidavit?

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Business records can be vital to divorce or family law matters. Business records can become important in various ways. Business records could comprise of many types: employment, medical, school, investment, retirement,...more

Troutman Pepper

Pro Hac Vice, Ye Be Warned: A Cautionary Tale to Out-of-State Attorneys and Their Local Counsel

Troutman Pepper on

On August 23, Judge Rebecca Beach Smith issued a notable decision that serves as a stern warning to out-of-state counsel seeking to practice in the Eastern District — and, perhaps more so, to the local counsel who choose to...more

Lathrop GPM

Kansas Federal Court Quashes Deposition of Franchisee’s General Counsel

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A federal court in Kansas recently granted Defendant Sandvik Mining and Construction’s motion to quash a deposition subpoena of its in-house counsel. Roadbuilders Machinery and Supply Co., Inc. v. Sandvik Mining and...more

Oberheiden P.C.

Federal Grand Jury Indictment Defense Strategies

Oberheiden P.C. on

Federal criminal cases can broadly be divided into four phases: (i) the government’s investigation, (ii) grand jury proceedings, (iii) pretrial practice, and (iv) trial. The empanelment of a grand jury is a critical juncture,...more

Proskauer - New Media & Technology

Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the...more

Oberheiden P.C.

10 Steps to Take if You Receive a Federal Grand Jury Subpoena - and 5 to Avoid

Oberheiden P.C. on

Receiving a federal grand jury subpoena is a serious matter. Whether you are the target of a federal investigation or prosecutors believe you have information they can use to pursue charges against another person or company,...more

Eversheds Sutherland (US) LLP

Quashed: Delaware Supreme Court affirms decision quashing subpoena in AT&T unclaimed property audit

On June 1, 2021, the Delaware Supreme Court affirmed the Court of Chancery’s decision to quash an administrative subpoena seeking extensive records in an unclaimed property audit of AT&T. The Delaware Department of Finance...more

Oberheiden P.C.

Served with an FBI Subpoena? Here are 10 Questions You Need to Answer Now

Oberheiden P.C. on

As the nation’s chief domestic investigative agency, the Federal Bureau of Investigation (FBI) has substantial authority to collect information through a variety of different means. This includes utilizing subpoenas to compel...more

Manatt, Phelps & Phillips, LLP

California Supreme Court Provides Seven-Factor Test for Motions to Quash Criminal Subpoenas

On August 13, 2020, the Supreme Court of California issued its decision in Facebook, Inc. v. Superior Court (Lance Touchstone), S245203, which examines the enforceability of third-party subpoenas issued by criminal defendants...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

ArentFox Schiff

Fourth Circuit Court Allows Section 1782 Fact-Finding in a Private International Arbitration

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Last week, in Servotronics, Inc. v. Boeing Co., the Fourth Circuit became the latest United States Court of Appeals to allow Section 1782 discovery for use in private international arbitrations. Section 1782 is a powerful...more

Akin Gump Strauss Hauer & Feld LLP

Court Allows Plaintiff to Call Defendant’s In-House Attorney Responsible for Supervising Trial to Testify About Advice of Counsel...

In Sound View Innovations, LLC v. Hulu, LLC, a district court denied Hulu’s motion to quash a subpoena directed to its trial-supervising in-house attorney. The court agreed that Sound View may question Hulu’s attorney live,...more

Tucker Arensberg, P.C.

Court Quashes Civil Subpoena for Investigative Information Pursuant to Criminal History Record Information Act (“CHRIA”)

Tucker Arensberg, P.C. on

In an important decision for all law enforcement agencies, the Court of Common Pleas of Allegheny County quashed a civil subpoena directed to a local police department. The subpoena sought a toxicology report that the...more

Nutter McClennen & Fish LLP

Court Quashes Subpoena ‘Stunning in its Over Breadth’

In Lewis PR v. Murphy, Judge Kaplan quashed the plaintiff’s subpoena requesting 20 months of the defendant’s cell phone records. Judge Kaplan found that the subpoena was abusive and “stunning in its over breadth.” The...more

Sheppard Mullin Richter & Hampton LLP

Pursuing and Responding to Discovery Requests Under 28 U.S.C. § 1782

As discussed in a previous blog post, an interested party in a foreign or international proceeding may apply to a United States District Court for discovery from an individual or corporation who resides or is found in the...more

McDermott Will & Emery

Ninth Circuit Interprets Summons Notice Rules Strictly Against IRS

The Internal Revenue Service (IRS) had broad examination authority to determine the correct amount of tax owed by taxpayers. In addition to seeking information directly from a taxpayer, the IRS is also authorized to seek...more

Carlton Fields

Third Circuit Vacates And Remands Order Quashing Subpoena Of Documents For Use In Litigation In Germany

Carlton Fields on

The Third Circuit has vacated and remanded a district court’s decision quashing a subpoena issued pursuant to 28 U.S.C. § 1782, which allows a party to procure discovery for us in a foreign proceeding, finding that the...more

Carlton Fields

Court Rejects Defendant’s Objections To Subpoenas As Untimely And Baseless In Fraudulent Transfer Default Judgment Spat

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In a dispute previously reported on this blog, the Southern District of California overruled a defendant’s objections to subpoenas served on a former expert witness in defendant’s unrelated divorce case and to a bank for...more

Steptoe & Johnson PLLC

Providers Beware: Take Care When Producing Mental Health Records in Response to Nonparty Subpoenas

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A recent decision by the Supreme Court of Appeals of West Virginia draws a sharp line of distinction for hospitals responding to nonparty subpoenas against the unauthorized disclosure of confidential mental health records. In...more

Carlton Fields

New York Federal Court Curbs 30(B)(6) Topics And Quashes Non-Party Seeking The Same Testimony

Carlton Fields on

Defendants wanted to examine GEICO’s Rule 30(b)(6) witness about GEICO’s special investigation unit practices, protocols and guidelines, as well as its resources and procedures devoted to claim verification and fraud...more

Dechert LLP

Forecasting the Impact of the New US CLOUD Act

Dechert LLP on

The CLOUD Act resolves the central issue in United States v. Microsoft — U.S. law enforcement agencies now have explicit legal authority to obtain electronic data from U.S. cloud and communication companies regardless of...more

Jaburg Wilk

Arizona District Court Rejects Discovery of Medical Expert's Previous Reports in Bad Faith Case

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The Holding - In Cheatwood v. Christian Brothers Services, 2018 WL 287389 (D. Ariz. Jan. 4, 2018) (Unpublished) (Order), a bad faith case arising from a health benefits claim, the Arizona District Court quashed portions of...more

Fenwick & West LLP

Court Says Glassdoor Must Disclose Anonymous Reviewers’ Information in Grand Jury Proceedings

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In a case with free speech implications, the U.S. Court of Appeals for the Ninth Circuit on November 8, 2017, affirmed the denial of Glassdoor, Inc.’s motion to quash a grand jury subpoena for the identities of the Glassdoor...more

Jones Day

New York Appellate Court Curtails NY AG Investigatory Subpoena on Constitutional Grounds

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On June 21, 2017, a New York appellate court curtailed on constitutional grounds an investigative subpoena issued by the New York Attorney General. In the Matter of Evergreen Assoc., Inc., 54 N.Y.S.2d. 135 (App. Div. 2017)....more

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