In This Issue:
- Main Article:
..Ninth Circuit Shifts “Significant Expense” of Compliance with Third Party Subpoenas to Party Seeking Discovery
- Noted With Interest:
..Delaware Court Finds Password Protection for Electronic Documents Insufficient to Preserve Trade Secrets
- Practice Area Notes:
..Insurance Litigation Update
..EU Litigation Update
..ITC Litigation Update
- Victories:
..Quinn Emanuel Helps the Immigrant Defense Project Protect Important Third Circuit Precedent on the “Finality Rule”
..Victory for Entergy Corporation
..IPR Victory for Major GPS Navigation Device Manufacturer
..Precedent-Setting Pro Bono Victory
- Excerpt from Ninth Circuit Shifts “Significant Expense” of Compliance with Third Party Subpoenas to Party Seeking Discovery:
The escalating cost of discovery compliance is especially frustrating for non-parties who are subpoenaed for evidence allegedly relevant to litigation in which they have no stake. Responding to a broad subpoena may require retaining vendors to collect and process potentially responsive electronically-stored information (“ESI”), interviewing employees to determine relevant custodians, and hiring outside counsel to review documents for responsiveness and privilege. The costs in time, effort, and dollars can be considerable. See, e.g., Linder v. Calero-Portocarrero, 251 F.3d 178, 182 (D.C. Cir. 2001) (estimated costs of compliance with third party subpoenas to federal agencies in wrongful death action totaled $199,537.08).
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