Key Discovery Points: BYOD Case Law Covering Subpoenas and Employee Handbooks
Your Guide to Dealing with Subpoenas Effectively
The Subpoena Playbook
AGG Talks: Healthcare Insights Podcast - Episode 8: What Healthcare Companies Need to Know When the Government Comes Knocking
AGG Talks: Antitrust and White-Collar Crime Roundup - The D.C. and Georgia Trump Indictments
What to Do When an Employee Receives a Subpoena
When Should Presidential Appointees Lawyer Up? [More with McGlinchey, Ep. 17]
Do I Need a Lawyer? Federal Employees Under Investigation [More with McGlinchey Ep. 1]
PODCAST: Williams Mullen's Benefits Companion - Government Investigative Demands
Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?
What Not To Do If You Are Involved in a Federal Criminal Investigation
Do You Need A Lawyer for a Federal Grand Jury Subpoena?
Litigators handling disputes that extend across state lines know that obtaining discovery can be cumbersome. Fortunately, Connecticut has taken steps to streamline this process. ...more
Texas and Missouri, two states that have long flirted with the idea of adopting the Uniform Interstate Depositions and Discovery Act, now appear poised to take action sometime this year. ...more
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
Let’s begin by defining what a “third-party subpoena” is. A third-party subpoena is any subpoena issued in the course of a proceeding to someone who is not a plaintiff, defendant or intervenor in the lawsuit, or, in the...more
30(B)(6) Preparation Tips - If you have ever said “that rule may make sense in theory, but it does not work in real life,” you may also have spent weeks futilely attempting to prepare a witness to serve as a corporate...more
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
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
The establishment of liability for a car accident can be more complicated than it typically appears. While responding police officers will often issue a citation to one of the drivers, for having caused the accident, law...more
We recently blogged about a case in which a court ruled that a subpoena for a remote deposition did not violate Federal Rule of Civil Procedure 45(c)’s 100-mile limit on subpoenas for non-party witnesses because the deponent...more
The summer of 2022 is turning out to be the summer of legislative investigations and their own special kind of deposition. These depositions are unique in the law, and they can materialize as quickly as a summer thunderstorm....more
Rule 30(b)(6) of the Federal Rules of Civil Procedure, which concerns the use of a deposition notice or subpoena directed to an organization, was amended in December 2020 to require that parties meet-and-confer prior to...more
Based on the justifiable presumption that depositions in which a lawyer deposes the other side’s lawyer would inevitably cause hard feelings (or worse), many courts require lawyers seeking to take the adversary’s lawyer’s...more
This past year has brought lots of change, including an amendment to Rule 30(b)(6) of the Federal Rules of Civil Procedure. Rule 30(b)(6) governs the deposition of an organization (e.g., a corporation or a partnership) and...more
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
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
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
I often warn clients at the outset of their divorce case that the process will likely take longer and be more expensive than they anticipate. In my 28 years of practice, I’ve never heard of a client expressing dissatisfaction...more
In an opinion in Liberty Petroleum Realty, LLC v. Gulf Oil, L.P., dated August 2, 2018, the Appellate Division, First Department reversed the Supreme Court’s protective order prohibiting the deposition of an attorney in a...more
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
Many litigation practices, such as motion drafting, deposition questioning and defending, or presenting oral arguments, cross-apply whether in state or federal court. But, while there are many similarities between ...more
As criminal law has expanded into almost every sector of the American economy, one byproduct is the rise of "parallel proceedings"—lawsuits that proceed concurrently in criminal and civil court based on largely the same...more
A recent federal court order highlights the scope, and the limitations, of a U.S. court’s authority to order domestic discovery for use in a foreign proceeding under 28 U.S.C. § 1782. The court in In re Ex Parte Application...more
All too often, clients enter the divorce process with little or no knowledge about the family’s bank and investment accounts, stocks, retirement assets, ownership of real property, and debt. If you recognize that you and your...more
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
Can you send a subpoena duces tecum -- which translated from Latin is "a writ commanding a person to produce in court certain designated documents or evidence " -- without coupling it with a deposition?...more