Speaker, Gibbons Academy, "E-Discovery: Subpoenas and Non-Party Production Issues," New York, NY
June 16, 2017 | 12:30 PM - June 16, 2017 | 1:30 PM EST
The decision to pursue ESI from a non-party via subpoena may result in a lengthy, expensive, and sometimes onerous process for both the non-party and the requesting party. The non-party may incur exorbitant costs associated with responding to the subpoena, the requesting party may wait months or even years to receive the ESI, and the issue may end up being submitted to the court via a protracted motion process.
At this presentation, the speakers will:
- discuss how to use the provisions of recently amended Fed. R. Civ. P. 45 to most effectively and cost-efficiently pursue third party ESI by subpoena,
- explain how a non-party can use the protections built into Rule 45 to comply with, and object to, third-party subpoenas,
- provide advice for practitioners, on either side of a non-party subpoena, on how to help shift costs, including attorneys’ fees, onto the other party.