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Subpoenas

Array

First Look Agreements: A Strategic Solution for Discovery Disputes

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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

Offit Kurman

The Subpoena Playbook

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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

EDRM - Electronic Discovery Reference Model

“It Ends With Us”

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

Cooley LLP

SEC Now Requires Commission Approval for Subpoenas, but Says It Is Not ‘Walking Away’ From Enforcement

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On March 10, 2025, the US Securities and Exchange Commission (SEC) adopted a final rule that will require a majority of the Commissioners to agree before the SEC formally opens an investigation. For the past 15 years, that...more

Latham & Watkins LLP

SEC Revokes Enforcement Division’s Authority to Issue Formal Orders of Investigation

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SEC Staff seeking authority to issue subpoenas must now obtain Commission approval. On March 10, 2025, in a vote that fell along party lines, the Securities and Exchange Commission (SEC or the Commission) issued a rule...more

Ballard Spahr LLP

SEC Curtails Enforcement Leadership’s Investigation and Subpoena Power, Signals Greater Commissioner Oversight Over Enforcement

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On Monday, March 10, 2025, the SEC announced a new final rule revoking the Director of Enforcement’s previous authority to issue formal orders, which have the effect of officially initiating investigations and permitting...more

Hinch Newman LLP

FTC Director of Bureau of Consumer Protection Reminds Consumers that the FTC Means Business When it Comes to Civil Investigative...

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On March 10, 2025, the Director of the Federal Trade Commission’s Bureau of Consumer Protection published a blog entry on the FTC’s website entitled “Did your business receive a CID? The FTC means business.”...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for March 2025 - March 20th, 1:00 pm - 2:00 pm ET

No need for blarney, we have six great cases! In our March 2025 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to sanctions over spoliated video evidence, quashing subpoenas of...more

Klein Moynihan Turco LLP

Act Quickly After Receiving a TCPA Subpoena

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

BCLP

Crime-Fraud Exception Destroys Privilege for Communications Between Former CEO of Public Company and His Outside Lawyer

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On February 7, 2025, the Second Circuit ruled that the crime-fraud exception would prevent the  former CEO of a public company from invoking attorney-client privilege to prevent an outside lawyer and his law firm from...more

Arnall Golden Gregory LLP

AGG Talks: Healthcare Insights Podcast - Episode 8: What Healthcare Companies Need to Know When the Government Comes Knocking

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

Paul Hastings LLP

SEC Reportedly Requiring Enforcement Staff to Seek Commission Approval for Formal Orders of Investigation

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On February 2, media outlets reported that the Securities and Exchange Commission (SEC or Commission) has told SEC Enforcement attorneys that they need the approval of the agency’s commissioners for all formal orders of...more

Woods Rogers

Understanding Immigration Enforcement: Judicial v. Agency Warrants and Subpoenas, and Business Implications

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Recent policy shifts enacted by the new Trump Administration have led to growing anxiety and fears of expanded and aggressive enforcement tactics, making it essential for businesses and institutions to understand and prepare...more

Array

This Week in eDiscovery: A Realization About Redactions | Subpoenas in Oakley v. MSG

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of January 12-18. Here’s what’s...more

King & Spalding

119th Congress House Rules – Key Oversight Provisions

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On January 3, 2025, the U.S. House of Representatives approved its rules package for the 119th Congress (“House Rules”) by a vote of 215-209. As anticipated, the 119th Congress will increase the number of members required to...more

HaystackID

[Webinar] Protect Sensitive Data and Control Costs: An eDiscovery Blueprint for the Construction Industry - January 29th, 11:00 am...

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The construction industry faces unique challenges in eDiscovery, from managing vast data volumes to protecting sensitive communications and plans. HaystackID®’s upcoming webcast will explore practical and advanced artificial...more

EDRM - Electronic Discovery Reference Model

What “Expenses” Can a Non-Party Recover for Complying with a Discovery Subpoena?

In OL Private Counsel, LLC v. Olson, 2024 WL 4839277 (D. Utah Nov. 20, 2024), the court addressed recovery of expenses by non-parties for responding to a subpoena....more

Wiley Rein LLP

Federal Court Determines Individual’s Receipt of a Subpoena Does Not Establish the Existence of an Investigation of a Wrongful Act...

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The United States District Court for the District of Columbia, applying Virginia law, denied an insured’s motion for partial judgment on the pleadings in part, finding that an insured person’s receipt of a subpoena does not...more

Epstein Becker & Green

Quashing an Out-of-State Subpoena: No Easy Task

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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

Seyfarth Shaw LLP

Six Essential Strategies for Government Contractors Responding to Criminal Investigations

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In honor of the recent release of the 6th edition of the Government Contracts Compliance Handbook, we’re sharing six essential tips for government contractors facing the complexities of a criminal investigation. Drawing from...more

U.S. Legal Support

Challenges in Medical Record Management & Retrieval

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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

Maynard Nexsen

Eleventh Circuit Reaffirms Requirement that a Party Must Stand in Contempt Before Seeking to Appeal an Order Enforcing a Subpoena

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On October 16, 2024, the Eleventh Circuit issued an opinion in In Re: Grand Jury Investigation (Sealed) reaffirming and, arguably, expanding the longstanding requirement that a party may not seek to appeal an order requiring...more

Rivkin Radler LLP

October 2024 Insurance Update

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There is a famous scene in The Pink Panther Strikes Again where inspector Clouseau asks a hotel clerk if his dog bites, to which the clerk responds “no.” When Clouseau goes to pet the dog, it viciously bites him on the hand....more

Lerch, Early & Brewer

How to Respond After Being Served in a Family Law Matter

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Your doorbell rings and you open the door only to find a process server or sheriff handing you court papers. You’ve been served. Though there may be many thoughts running through your mind in this moment, it is best to stay...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Expands Protections and Paid Sick Leave Uses for Crime Victims

On September 29, 2024, California Governor Gavin Newsom signed into law Assembly Bill (AB) No. 2499, a measure that provides leave protections for victims of domestic violence, sexual assault, stalking, or other crimes, as...more

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