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

E-Discovery LLC

1] The States and State Attorneys General “object[ed] to treating their respective state agencies as being subject to party discovery and insist[ed] that all of these agencies are third parties from whom Meta should seek documents by subpoenas under Federal Rule of Civil Procedure 45.” It moved to compel production. at *45, 49, 70, passim.

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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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Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

Discovery Advocate

Even where a court rules that a company does not have possession, custody or control of an employee’s text messages pursuant to its BYOD policy or other factors, those text messages still may be discoverable through a subpoena to the employee directly.

Subpoenas 130
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Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

Discovery Advocate

Even where a court rules that a company does not have possession, custody or control of an employee’s text messages pursuant to its BYOD policy or other factors, those text messages still may be discoverable through a subpoena to the employee directly.

Subpoenas 130
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What is ECA (Early Case Assessment) and Why is it Important?

Percipient

Early case assessment (ECA) provides an opportunity to understand documentary and digital evidence. For instance, we examined the work we did over an 18 month period for a client for which we handle subpoena compliance and managed document review. It also presents opportunities for fact finding and cost savings.

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How to avoid overpaying on law firm billing rates

Simple Legal

Benchmarking also gives you concrete evidence to support rate negotiations with current and potential vendors. For example, ALSP Percipient saved a client around $400,000 just by taking over document review and subpoena compliance for them. Say your outside counsel asks you to increase their hourly billing rate by 10%.

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