Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column appeared in the February 3 issue of the New York Law Journal. The article, “Court Quashes Non-Party Subpoena as Unduly Burdensome,” discusses non-party subpoenas under Rule 45 of the Federal Rules of Civil Procedure. Compliance with Rule 45 subpoenas can subject a person or company with no direct involvement or financial stake in a litigation to significant burden and expense. Though there is little guidance in case law and secondary sources on the best way for non-parties to challenge such subpoenas, Chris and Dan discuss a recent court decision and new commentary from The Sedona Conference that may offer some help. E-discovery counsel Ross Gotler and e-discovery attorney Lidia Kekis assisted in the preparation of this article.
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