Description:
Understand how Rule 45 may be used to effectively pursue electronically stored information (ESI) from third-party subpoenas.
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.
This topic helps practitioners use the provisions of recently amended Fed. R. Civ. P. 45 to most effectively and cost-efficiently pursue third party ESI by subpoena. It also explains how a non-party can use the protections built into Rule 45 to effectively comply with, and object to third-party subpoenas.
This content also provides practical considerations for practitioners on either side of a non-party subpoena to utilize in a manner that will help them shift some or all of their costs, including attorneys' fees, onto the other party.
Areas Covered in the Session:
Introduction to Rule 45
- Background of Rule and Relevant Amendments
- ESI-Related Provisions
- Comparisons to Rules 26 and 34
Effectively Seeking ESI From Third Parties to Avoid Undue Burden and Cost-Shifting
- Assessing Third Party ESI Needs
- Communicating With Third Parties
- Drafting the Subpoena
Responding and Objecting to the Subpoena Seeking ESI
- Complying With Deadlines and Obligations for Form and Manner of Production
- Issuing a Hold and Reserving ESI
- Communicating with Subpoena Sender
- Engaging in Motion Practice
The Courts and Cost-Shifting
- Legal Tests For Cost-Shifting
- Federal Standards
- Recovering Attorneys' Fees
Credit Information (Sponsored by Lorman Education Services):
- CLE
- NALA
Only registered attendee will receive continuing education credit.
Faculty:
Mark S. Sidoti, Gibbons P.C.
- Director in the Gibbons Products Liability and Business & Commercial Litigation Departments and chair of the E-Discovery Task Force
- Represents companies in high stakes business litigation in financial services, corporate medical and other business areas
- As chair of the Gibbons E-Discovery Task Force, he heads an interdisciplinary group that provides counseling, training, and litigation-related assistance to companies on a full range of information management and e-discovery matters
- Educator and frequent lecturer on e-discovery/information governance
- Serves on the faculty of Georgetown Law School’s eDiscovery Training Academy and the ASU-Arkfeld EDiscovery and Digital Evidence Conference and the Board of Editors of Arkfeld on Electronic Discovery and Evidence
- Listed in New York Super Lawyers among New York’s leading lawyers in the area of business litigation*
- Has achieved the highest rating by Martindale-Hubbell Law Directory*
- J.D. degree, Fordham University School of Law; B.S. degree, summa cum laude, Fordham University
- Can be contacted at 212-613-2007
* No aspect of this advertisement has been approved by the Supreme Court of New Jersey. A description of the selection process methodology for the awards referenced is available at gibbonslaw.com/awards/" in their bios when referencing awards
Jennifer Marino Thibodaux, Gibbons P.C.
- Director at Gibbons P.C. and a member of the Class Action Defense Team and E-Discovery Task Force
- Represents companies in all aspects of class action defense involving consumer fraud and consumer product claims
- Defends clients in a broad range of complex commercial matters
- Manages preservation and production of electronically-stored information in accordance with state and federal rules with a perspective towards minimizing costs and maximizing efficiency
- Frequently writes and presents regarding the preservation and production of electronically-stored information and the emerging field of the discoverability of social media
- Selected for the New Jersey Super Lawyers Rising Stars List multiple years*
- J.D. degree, magna cum laude, Order of the Coif, Seton Hall University School of Law; B.A. degree, cum laude, Bucknell University
- Can be contacted at 973-596-4839
* No aspect of this advertisement has been approved by the Supreme Court of New Jersey. A description of the selection process methodology for the awards referenced is available at gibbonslaw.com/awards/” in their bios when referencing awards
(Not available outside the US)