News & Analysis as of

Subpoenas

K&L Gates LLP

Oracle Special Litigation Committee Defeats Motion to Compel Production of Protected Work Product

K&L Gates LLP on

In In re Oracle Corporation Derivative Litigation, Consolidated C.A. No. 2017-0337-SG (Del. Ch. July 9, 2020), the Delaware Court of Chancery (the “Court”) determined that a special litigation committee (the “SLC”) of the...more

Morrison & Foerster LLP

Chancery Allows Limited Discovery In Books And Records Action To Test Stockholder’s Purpose

On July 24, 2020, the Court of Chancery in Delaware rejected defendant Centene Corporation’s broad document requests and third-party subpoenas issued as part of a stockholder action to inspect books and records, but allowed...more

Eversheds Sutherland (US) LLP

Court quashes Delaware’s subpoena of AT&T in unclaimed property dispute

The long-running dispute between states and the business community over the expansive nature of unclaimed property audits has taken a new turn, with a Delaware state court quashing a subpoena served in the course of an audit...more

Carlton Fields

SDNY Grants 28 U.S.C. § 1782 Application for Discovery in Dispute Involving Republic of Lithuania

Carlton Fields on

The applicant sought to require documents and deposition testimony from an individual located in, and a corporation headquartered in, New York for use in an international arbitration initiated against the Republic of...more

McManis Faulkner

Prehearing Discovery In Arbitrations—Sixth District Recognizes Significant Limitations

McManis Faulkner on

Aixtron, Inc. v. Veeco Instruments Inc. (Cal. Ct. App. July 16, 2020) No. H045126, 2020 WL 4013981, the Sixth District weighed in on whether arbitrators are authorized to issue subpoenas to third parties in connection with...more

Latham & Watkins LLP

US Supreme Court Decisions in Presidential Subpoena Cases: Implications for Private Parties

Latham & Watkins LLP on

The Court’s recent rulings on state grand jury and congressional subpoenas identify important limitations on the purpose and scope of these investigative tools. Key Points: ..In July 2020, the Court held that the...more

McGuireWoods LLP

Court Quashes Delaware’s Unclaimed Property Audit Subpoena on Abuse-of-Power Grounds

McGuireWoods LLP on

In a decision addressing issues of first impression concerning Delaware’s use of subpoenas to enforce unclaimed property laws, the Delaware Court of Chancery has quashed the state’s subpoena in its entirety, holding that...more

Alston & Bird

Pushing Beyond the Limit: Examining the Scope of Subpoenas Issued During Unclaimed Property Audits

Alston & Bird on

A Delaware court quashed a subpoena aimed at an unclaimed property holder, but the victory may be short-lived. Our Unclaimed Property Team explores the latest court decision addressing a subpoena for records dating back to...more

K&L Gates LLP

Proposed Amendments to Federal Rule of Civil Procedure 30(B)(6) Introduce a Meet-and-Confer Obligation in Advance of Corporate...

K&L Gates LLP on

INTRODUCTION - Unless Congress intervenes, the first-ever substantive amendment to Federal Rule of Civil Procedure 30(b)(6) will take effect on 1 December 2020....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Trump v. Vance

On July 9, 2020, the U.S. Supreme Court decided Trump v. Vance, No. 19-635, holding that President Donald Trump was required to respond to a state subpoena of his tax returns and other financial information because “Article...more

McGlinchey Stafford

Do I Need a Lawyer? Federal Employees Under Investigation [More with McGlinchey Ep. 1]

McGlinchey Stafford on

Government employees can find themselves in the middle of investigations and want to protect themselves. There’s no need to make this road any tougher than it has to be. In Episode 1 of “More with McGlinchey,” our podcast on...more

Patterson Belknap Webb & Tyler LLP

Circuit Rules Court Lacked Authority to Compel Compliance with Subpoena Issued by Expired Grand Jury

On June 3, 2020, the Circuit (Winter, Pooler, Sullivan) issued a noteworthy decision in In re: Grand Jury Proceeding regarding the authority of a district court to enforce a grand jury subpoena. Relying in part on a nearly...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

Holland & Knight LLP

Fifth Circuit Reaffirms That Client Identity Is Privileged Only in Narrow Circumstances

Holland & Knight LLP on

As a general proposition, a client's identity is not protected by the attorney-client privilege and is therefore subject to subpoena. When, however, disclosure of the client's identity necessarily discloses the substance of...more

Health Care Compliance Association (HCCA)

[Virtual Event] 2020 Seattle Regional Conference - June 5th, 8:30 am - 4:15 pm PDT

Our Virtual Regional Healthcare Compliance Conferences provide updates on the latest news in regulatory requirement, compliance enforcement, and strategies to develop effective compliance programs. Watch, listen, and ask...more

Spilman Thomas & Battle, PLLC

COVID-19 Shutdown Showdown in Pennsylvania

Lawmakers and citizens across the country are engaged in disputes over the breadth and duration of shutdown orders intended to slow the spread of the novel coronavirus. Pennsylvania was the first state, however, to have...more

Tarter Krinsky & Drogin LLP

Second Circuit Enhances Enforcement Of Arbitration Subpoenas In Federal Court

The U.S. Court of Appeals for the Second Circuit (covering New York, Connecticut and Vermont) has issued an opinion that enhances the effectiveness of arbitration as an alternative to litigation. This ruling makes it easier...more

Baker Ober Health Law

At the Crossroads: Legal Considerations Where Government Investigations Overlap with Tort Risk in Long Term Care

Baker Ober Health Law on

In roughly the seventh week after a majority of states and the federal government issued emergency declarations or "lock down" executive orders, the true impact of COVID-19 is only beginning to be fully transparent. In long...more

Obermayer Rebmann Maxwell & Hippel LLP

When Do Subpoenas Become Necessary In A Divorce Action?

What is a subpoena? Why are subpoenas issued? What do the New Jersey Court Rules say about the issuance of subpoenas in a divorce action? Subpoenas appear to be very misunderstood by parties in divorce actions believing that...more

BakerHostetler

COVID-19's Effects on Criminal Procedure

BakerHostetler on

As with other areas of legal practice, the criminal justice system has felt the effects of COVID-19 and the resulting shutdown orders that have been mandated across the county. Courts at every level of the judiciary have...more

Farrell Fritz, P.C.

Pandemic Aftermath: The Rise Of Interstate Depositions And Discovery

Farrell Fritz, P.C. on

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

Arent Fox

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

Arent Fox on

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

Carlton Fields

New York Federal Court Finds Insured’s Failure to Provide Notice of Subpoena Did Not Bar Coverage for Later Lawsuit

Carlton Fields on

Applying New York law, the U.S. District Court for the Southern District of New York held that because a subpoena duces tecum previously issued to the insured by a post-judgment creditor of a non-insured entity was not a...more

Womble Bond Dickinson

Business Court Now Requiring More To Keep Documents Under Seal

Womble Bond Dickinson on

Where parties seek to keep certain documents they have filed under seal and out of the public eye, the Business Court now requires proof that disclosing the information would harm the parties or others before it will agree to...more

Lowenstein Sandler LLP

Best Practices for Responding to Subpoenas That Conflict With Foreign Data Privacy Laws

Lowenstein Sandler LLP on

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

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Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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