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Subpoenas Federal Rules of Civil Procedure 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

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

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

EDRM - Electronic Discovery Reference Model

April’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published April 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

EDRM - Electronic Discovery Reference Model

Changing the Forum for a Motion to Quash a Subpoena

In Rullan v. Goden, 2024 WL 1191600 (D. Md. Mar. 20, 2024), the Hon. J. Mark Coulson construed a Fed.R.Civ.P. 45 motion to quash or modify a subpoena, which would have been heard in New York, as a Fed.R.Civ.P. 26(c) motion...more

CDF Labor Law LLP

Deleting Relevant Text Messages Can Cost You

CDF Labor Law LLP on

​​​​​​​Earlier this week, the Ninth Circuit in Jones v. Riot Hospitality Group, 2024 WL 927669 (9th Cir. Mar. 5, 2024) affirmed the dismissal of an employee’s claims against her employer and found that terminating sanctions...more

HaystackID

[Webcast Transcript] eDiscovery Playbooks: How to Win by Day and Sleep at Night

HaystackID on

Editor’s Note: On September 21, 2022, Business Intelligence Associates (BIA), a recently acquired HaystackID company, shared an educational webcast on the role of eDiscovery playbooks in litigation preparedness. Regardless of...more

Esquire Deposition Solutions, LLC

Do Remote Depositions From Home Violate Rule 45(c)’s 100-Mile Subpoena Limit?

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

Epiq

ESI and Evidence: Sedona Updates Guidelines on Subpoenas and Admissibility

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The world runs on digital. Courts and litigators must understand how digitization can affect their cases. This past October, the Sedona Conference released updated analyses to help legal professionals navigate and adapt to...more

Haug Partners LLP

Meet and Confer Requirements Added for Rule 30(b)(6) Depositions

Haug Partners LLP on

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

Proskauer - Minding Your Business

Key Takeaways from the Amendment to Rule 30(b)(6)

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

McGlinchey Stafford

The Bullet Point: Ohio Commercial Law Bulletin Do I have The Right Of Set-Off? - Volume 4, Issue 21

McGlinchey Stafford on

Objections to Foreign Subpoena- Byrd v. Lindsay Corp., 7th Dist. Mahoning No. 19 MA 0116, 2020-Ohio-5461- In this appeal, the Seventh Appellate District affirmed the trial court’s decision and agreed that the documents...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

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

Epiq

The Tech Factor: Special eDiscovery Considerations for the Tech Sector

Epiq on

Many questions arise during the discovery process: What type of data do parties need to preserve? How should they obtain, review, and disclose it? Are third-party subpoenas necessary? These are just a few things parties need...more

Morrison & Foerster LLP

Second Circuit Resolves Important Questions Regarding Discovery in Aid of Foreign Litigation Under 28 U.S.C. § 1782

Morrison & Foerster LLP on

For more than a half a century, the United States has provided a powerful tool to obtain U.S. style discovery in aid of foreign proceedings. For years the statute was seldom utilized. But, in recent years, there has been a...more

Sheppard Mullin Richter & Hampton LLP

Pursuing and Responding to Discovery Requests Under 28 U.S.C. § 1782

As discussed in a previous blog post, an interested party in a foreign or international proceeding may apply to a United States District Court for discovery from an individual or corporation who resides or is found in the...more

Womble Bond Dickinson

How a European Union Privacy Law is Shaping North Carolina Business and Litigation

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These days, it has been commonplace for data breaches and data privacy issues to pervade the news cycle. Earlier this summer, data privacy also likely pervaded your inbox in the form of dozens of emails from companies...more

Snell & Wilmer

California vs. Federal Practice: Document Requests and Depositions

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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

Dorsey & Whitney LLP

Mulvaney-Led CFPB Actively Litigates in Court Regarding Overdraft Policy-Related Evidence

Dorsey & Whitney LLP on

Many observers have reported on leadership changes at the Consumer Financial Protection Bureau (“CFPB”) and the potential shifts in policy priorities that may follow. However, in the new year, among the most interesting...more

Moore & Van Allen PLLC

The Streamlined Subpoena Power under Amended Federal Rule of Civil Procedure 45 – Effective December 1, 2013, Barring...

Moore & Van Allen PLLC on

This year several proposed amendments to the Federal Rules of Civil Procedure (“Civil Rules”) are under consideration. In a previous post, we highlighted the most recent proposed amendments to the Civil Rules which focus on...more

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