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Third-Party Subpoenas Discovery

ArentFox Schiff

Obtaining Out-of-State Third-Party Discovery: Where to Begin?

ArentFox Schiff on

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

Bass, Berry & Sims PLC

False Claims Act Fundamentals: How to Respond to a Third-Party Subpoena

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If you are part of a heavily regulated—or heavily litigated—industry, at some point, you or your company are likely to receive a third-party subpoena. This post offers guidance on how to respond to this common discovery...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for May 2022 - May 24th, 1:00 pm - 2:15 pm ET

Our May monthly webinar of cases covered by the eDiscovery Today blog discusses disputes including third-party subpoena jurisdictional disputes, disputes over forensic imaging, the use of file “shredder” software and...more

Saiber LLC

District of New Jersey Recognizes Good Cause for ISP to Provide Identity of Alleged Infringer Through Expedited Discovery, But...

Saiber LLC on

In a recent opinion, Strike 3 Holdings, LLC v. John Doe Subscriber (D.N.J. Oct. 6, 2021), the United States District Court for the District of New Jersey considered when a plaintiff may be granted leave to serve pre-Rule...more

Woods Rogers

Magistrate Judge Leonard holds that the FRCP Require Parties to Sign Authorizations

Woods Rogers on

As if subpoena practice is not expensive and time-consuming already, there are times in which even a subpoena will not suffice to obtain a third-party’s records.  Federal statutes may create confidentiality issues, or a state...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

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

Robins Kaplan LLP

Florida Appellate Court Limits a Nonparty’s Duty to Preserve Evidence

Robins Kaplan LLP on

Florida’s Fifth District Court of Appeal has ruled that Florida law does not impose an obligation on a nonparty to preserve evidence based solely on the foreseeability of litigation. Shamrock-Shamrock, Inc. v. Remark involved...more

Adler Pollock & Sheehan P.C.

You’ve Been Served: Responding To A Third-Party Subpoena

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

Payne & Fears

Nonparty Discovery in California Arbitration: How to Get What You Want

Payne & Fears on

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

BCLP

Responding To Third Party (Non-Government) Civil Subpoenas And Document Requests That Ask For Personal Information

BCLP on

Litigants in a civil dispute often use subpoenas, subpoenas duces tecum, and discovery requests to obtain personal information about individuals who may not be present in the litigation. A request for documents and...more

Nutter McClennen & Fish LLP

Judge Leibensperger Orders Cost Shifting on Rule 45 Subpoena

While litigants often invoke Rule 45 to discover documents from third parties during the course of litigation, courts have rarely ordered payment of the fees incurred by the third party to comply with the subpoena. Judge...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

Wilson Sonsini Goodrich & Rosati

Tips for Negotiating a Third-Party Subpoena in a Merger Investigation

Humana recently lost its effort to limit third-party discovery requests served by the Federal Trade Commission (FTC) in its ongoing Walgreens/Rite Aid investigation. Typically, negotiations over the scope of third-party...more

JAMS

Witnesses in Arbitration – California Arbitration Act (Part I)

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Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). This...more

Morrison & Foerster LLP - Social Media

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

Foley & Lardner LLP

Responding Effectively to Third-Party Subpoenas

Foley & Lardner LLP on

It is your lucky day!! A subpoena comes in the mail and makes its way to your desk. The subpoena comes from a creditor involved in a lawsuit with one of your employees and demands that you produce copies of your employee’s...more

Pullman & Comley - Labor, Employment and...

Be Careful – Complying with Separation Agreements and Personnel File Issues

Parties often include in separation agreements a confidentiality provision, along with a provision indicating that the agreement is not to be included in the soon-to be former employee’s personnel file. Sometimes, such...more

Brooks Pierce

You Can't Appeal That! Or Can You?

Brooks Pierce on

You may remember the case of Out of the Box Developers, LLC v. Logicbit Corp. It has spawned a couple of interesting discovery decisions. One was on subpoenas to third parties, another involved nearly $40,000 in sanctions for...more

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