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“No Dog in the Fight” Analysis Applies to Scope of Subpoenas in the District of Maryland

E-Discovery LLC

the Court set out and applied the principles governing subpoenas and objections to them. The Court explained the dispute: Mr. Hall alleges that BPD and three former officersDonald Licato, Frank Barlow, and John Barrickconcealed exculpatory evidence and coerced false witness testimony during Plaintiffs 1992 murder trial.

Subpoenas 130
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What Objections May Be Raised to a Subpoena by a Non-Party?

E-Discovery LLC

July 22, 2024), the Court addressed the type of objections that a subpoenaed non-party may make. That was a novel issue in Maryland. The Court held “that [nonparty] TST had standing to challenge the subpoena on grounds that some of the requests were overbroad and not relevant to the subject matter involved in the divorce action.”

Subpoenas 130
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Discovery of Litigation Hold Notices Ordered

E-Discovery LLC

15, 2025), the court ordered discovery of litigation hold notices. In my opinion, and while I agree with the result, the legal issues governing the discovery of litigation hold notices and implementation need clarity and national uniformity. The EEOC served a subpoena on the third-party custodian. Aspire Regional Partners, Inc.,

Discovery 130
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Possession, Custody, and Control of Third-Party Personal Devices Determined by Information Governance Policies

E-Discovery LLC

The Sports Rehab court found that the personal devices were not in Vail Healths possession, custody, or control and that the proper procedure would have been for plaintiffs to issue subpoenas. As to the third, there was no evidence that Vail Health could compel him to turn over his phone. Information governance policies are important.

Subpoenas 130
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FTC and DOJ Update Guidance Regarding Preservation of Data from Collaboration Tools and Ephemeral Messages

Discovery Advocate

The updates reinforce the “longstanding obligation” to preserve and produce all responsive documents, including data from ephemeral messaging applications that allow messages to disappear or are designed to hide evidence.

Subpoenas 147
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Service of a “Preservation Notice” in the Forum District Does Not Confer Long-Arm Jurisdiction Over the Out-of-State Sender

E-Discovery LLC

“Preservation notices” are routinely sent to a potential opposing party in order to trigger the common-law duty to preserve potentially responsive information by putting the recipient on notice that litigation should be anticipated. Often, it may be necessary to send them to a potential litigant located in another State.

Subpoenas 130
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Possession, Custody, or Control of Responsive Information by States Suing Meta

E-Discovery LLC

The September 6, 2024, decision in In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 4125618 (N.D. Meta responded that Rule 34 requests were proper and it should not be forced to serve over 200 subpoenas under Rule 45. 2024), applies the “legal control” standard to Fed.R.Civ.P.

Subpoenas 130