Joseph, Hollander & Craft

JULY 28, 2025

On July 24, 2025, Joseph, Hollander & Craft’s Chris Joseph joined Samuel MacRoberts of the Kansas Justice Institute and Colin Shaw of the Third Judicial District Public Defender’s Office to educate criminal defense attorneys regarding how to spot civil rights claims and preserve them for litigation.

Education

E-Discovery LLC

JULY 20, 2025

Contextually, the litigation has been described in popular media. Lang, Ruling in Blake Lively’s Subpoena for Justin Baldoni Phone Records (Feb. Westlaw lists 13 decisions (not all on discovery) since February 2025. For blogs on some of them, please see “It Ends With Us” (Apr. 14, 2025); I. 14, 2025); E. 14, 2025); E. 19, 2025); B.

Interrogatories

E-Discovery LLC

JULY 1, 2025

A motion to compel the designation of an “apex” non-party document custodian was granted in In Re Mosaic LLM Litigation , 2025 WL 176001 (N.D. In Re Mosaic LLM Litig., 45 subpoena duces tecum could not have been served on the non-party document custodian and avoided the designation issue. 2025 WL 1755650, at *1 (N.D.

Objections

Percipient

JULY 1, 2025

But with digital transformation comes legal complexity–especially when responding to subpoenas for electronic communications. Failure to comply with the SCA when responding to subpoenas can lead to significant legal and financial repercussions, reputational damage, and even loss of customer trust.

Subpoenas

WA Bar News

JULY 16, 2025

2 Second, we will look at whether the litigation privilege, which generally shields lawyers from defamation claims for statements made in the courtroom, extends to statements to the media. Third, we will examine whether communications with media consultants assisting with litigation are privileged or otherwise protected. Peoples Nat.

Litigation

E-Discovery LLC

JULY 28, 2025

17, 2025), applies the “ Touhy ” Regulations to a federal subpoena directed to a government contractor. 2025 WL 202303 (S.D. Section 5.41(a) Section 5.41(b) b) includes “contractors” within the definition of “employee” for the purpose of the regulations.

Discovery

E-Discovery LLC

JUNE 8, 2025

In this iteration, third-party defendant Jonesworks moved for a protective order prohibiting the Wayfarer Parties (which include Mr. Baldoni) from enforcing a subpoena on Edgeworth Security Services LLC. The motion was granted. Jonesworks argued that the documents sought were privileged.

Subpoenas

E-Discovery LLC

OCTOBER 28, 2024

In pertinent part, FGH served 20 subpoenas on third-party financial institutions. The Court wrote that: Under Rule 45, a party ordinarily “does not have standing to challenge a subpoena issued to a nonparty unless the party claims some personal right or privilege in the information sought by the subpoena.” Breach Litig.,

Subpoenas

E-Discovery LLC

OCTOBER 15, 2024

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

E-Discovery LLC

APRIL 4, 2025

the Court set out and applied the principles governing subpoenas and objections to them. The individual defendants in Hall issued a subpoena to MAIP. The subpoena sought approximately 18 years of data (2005 2023) and all records in MAIPs possession related to its representation of Plaintiff. Baltimore Police Dept.,

Subpoenas

E-Discovery LLC

NOVEMBER 27, 2024

20, 2024), the court addressed recovery of expenses by non-parties for responding to a subpoena. 45 (“Subpoena”) states: (b)(1) – Under some circumstances, witness fees and mileage must be paid. [1] It is alleged that the documents were then used by the mother in litigation against the sole member of OLPC. Fed.R.Civ.P.

Subpoenas

Percipient

APRIL 22, 2023

Your company received a document subpoena in a legal dispute in which it is not involved. If the subpoena issued is in federal litigation, your company is likely responsible for the cost of compliance, especially if it has a connection to the litigation. Who covers the expense in responding to it? In United States v.

Subpoenas

E-Discovery LLC

APRIL 22, 2025

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

E-Discovery LLC

OCTOBER 1, 2024

27, 2024), the court rejected defendant’s effort to discover documents sent by plaintiff to a litigation funder that permitted the lender to evaluate the value of plaintiff’s claims. Design sought and obtained litigation financing from Validity Finance. In Design With Friends, Inc. Target Corporation , 2024 WL 433114 (D.

Litigation

E-Discovery LLC

NOVEMBER 14, 2024

“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

E-Discovery LLC

SEPTEMBER 12, 2024

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

Law Sites

APRIL 1, 2024

A slingshot for launching litigation? I mean, what litigator wouldn’t want the “Subpoena Supper Apron,” with the tagline, “I grill before I sue”? A remote-controlled race car that redlines documents? A “Yes, But …” button for testing out your legal theories?

Subpoenas

E-Discovery LLC

APRIL 5, 2025

The individual defendants issued a sweeping subpoena to a non-party, the Mid-Atlantic Innocence Project (MAIP). Both Mr. Hall and MAIP objected to the subpoena on a number of bases. The subpoena sought all of MAIPs information from 2005 to 2023. During a meet and confer, MAIP refused to provide a privilege log. at *4, 6. [1]

Discovery

E-Discovery LLC

NOVEMBER 11, 2024

non-party TEDCO’s blanket privilege and work product objections to a subpoena were denied; however, it lived to fight another day because the denial was without prejudice to file supported objections after a “meet and confer.” Singleton, issued several non-party subpoenas, including one to ImpactHR. In Singleton v. The plaintiff, Ms.

Objections

Discovery Advocate

JANUARY 26, 2024

While documents created through use of modern collaboration tools and ephemeral messaging applications have long been covered by FTC and DOJ document requests, “companies have not always properly retained these types of documents during government investigations and litigation.”

Subpoenas

E-Discovery LLC

JANUARY 2, 2025

Plaintiff Spivey served a subpoena on non-party API. The Spivey court, however, looked to the litigants agreement. And Rule 45 simply does not require a party to create new documents to respond to a subpoena, and imposing an obligation to create a log of every irrelevant/nonresponsive document is unduly burdensome. 29, 30, 33.

Subpoenas

E-Discovery LLC

APRIL 22, 2025

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. Allowing opposing litigants to invade and compromise this domain through a document request directed to the employer erodes that sense of ownership.

Subpoenas

E-Discovery LLC

NOVEMBER 25, 2024

12, 2024), discussing 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. The court wrote: “In all thirty-two cases, the State itself is a party to the suit.

Discovery

Discovery Advocate

JUNE 7, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

Subpoenas

Discovery Advocate

JUNE 8, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

Subpoenas

E-Discovery LLC

OCTOBER 16, 2024

Tekvantage and Teknowledgies are not parties to this litigation. Krantz issued third-party subpoenas to Tekvantage and Teknowledgies. Kranz, a former employer, sued Kimberly Lain, a former employee, alleging misuse of confidential information. Lain also owned Tekvantage, Inc. Her husband, Timothy Dowerty, owned Teknowledgies, LLC.

Discovery

E-Discovery LLC

NOVEMBER 26, 2024

Defendant Kroger moved to quash a subpoena served by the plaintiff, Mr. Whitmore, on a nonparty claims investigator, Sedgwick Claims Service. Because Kroger did not rely on the subpoena rule, Fed.R.Civ.P. Mr. Whitmore issued a subpoena to Sedgwick for email, communications, and video footage regarding the claim. 22, 2023). [1]

Subpoenas

Discovery Advocate

FEBRUARY 20, 2023

Later served with a grand jury subpoena in connection with a criminal investigation of this client, the firm withheld some communications containing both legal and business tax advice. 1999), that “a document prepared for use in preparing tax returns and for use in litigation” is not privileged no matter how significant the legal purpose.

Subpoenas

E-Discovery LLC

DECEMBER 19, 2024

In In re Outpatient Medical Center Employee Antitrust Litigation , 2024 WL 4679083 (N.D. Plaintiffs said that SCA was served with a copy of the subpoena on March 27 th , two days prior to serving it on Dr. Fanning and well before the deposition. 5, 2024), the court explained the application of Subsections (b) and (d) of Fed.R.Evid.

Depositions

E-Discovery LLC

FEBRUARY 11, 2025

It also addressed the cell phone provider: Finally, Plaintiff shall provide her authorization to allow T-Mobile (her cell carrier) to produce information in response to Defendants subpoena to T-Mobile by February 14, 2025. The plaintiffs spoliation motion was denied for the same reasons that the defense motion was denied. [3]

Cross-Examination

SW&L Attorneys Blog

NOVEMBER 8, 2024

Johnson , the court awarded attorney’s fees due to one party’s financial concealment and subversion of the legal process, which prolonged litigation unnecessarily. Subpoena Financial Records. Courts favor transparency, and subpoenaed records often highlight concealment attempts. In Johnson v.

Finance and Banking

Discovery Advocate

NOVEMBER 26, 2018

Microsoft litigation, in which Microsoft had argued that it was not required to provide access to its users’ private data stored on Dublin servers. Supreme Court to drop the pending Microsoft litigation as moot, as the DOJ could (and did) alternatively use the CLOUD Act to issue a new warrant for the data held by Microsoft in Dublin.

Cross-Examination

E-Discovery LLC

APRIL 11, 2025

Information is one of a businesss most valuable assets and corporate policies may determine the outcome of litigation. In this context, the courts decision in In re Pork Antitrust Litigation , No. The decision underscores the importance of information governance. 18-cv-1776, 2022 WL 972401 (D. 31, 2022), is instructive.

Discovery

SW&L Attorneys Blog

AUGUST 5, 2024

Unlike traditional divorce litigation, which often pits spouses against each other in a courtroom setting, collaborative law encourages open communication and problem-solving. Preserving Assets: The contentious litigation process can raise emotions and ultimately prolong negotiations, leading to increased legal fees and court costs.

Discovery

Discovery Advocate

MAY 20, 2020

Remind employees that even remote work creates business records and communications that could be subject to preservation requirements and are discoverable in litigation and in response to regulatory inquiries. For example, teleworking employees could see subpoenas seeking corporate information they can access remotely.

Discovery

Discovery Advocate

MAY 21, 2020

Remind employees that even remote work creates business records and communications that could be subject to preservation requirements and are discoverable in litigation and in response to regulatory inquiries. For example, teleworking employees could see subpoenas seeking corporate information they can access remotely.

Discovery

Simple Legal

DECEMBER 15, 2022

For example, ALSP Percipient saved a client around $400,000 just by taking over document review and subpoena compliance for them. More legal departments are bringing work in-house for tasks such as due diligence, legal research, labor and employment, intellectual property matters, and litigation case management.

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