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The Rule 45 subpoena: Instituting an ESI action plan

Understanding your obligations and options can help minimize costs and burdens

In this article, we examine what you should do as general counsel when you are served with a binding subpoena demanding preservation and production. Particularly, where the subpoena seeks costly and cumbersome electronically stored information (ESI), this article examines what you can do to efficiently minimize your potential exposure and burden while complying with the obligations imposed by Rule 45 of the Federal Rules of Civil Procedure.

Service of Rule 45 subpoena immediately triggers a nonparty’s obligations to preserve all material within the scope of the subpoena, even if the nonparty intends to object and/or work with the requesting party to narrow the breadth of the request. The first step is to closely evaluate the scope of the subpoena. This includes:

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Vincent Syracuse

Vincent J. Syracuse is Chair of Tannenbaum Helpern Syracuse & Hirschtritt LLP’s Litigation & Dispute Resolution Practice. He represents a variety of clients in commercial...

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Paul Sarkozi

Paul D. Sarkozi is partner in Tannenbaum Helpern Syracuse & Hirschtritt LLP’s Litigation & Dispute Resolution Practice. Recently, Paul was named as one of the...

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George du Pont

George F. du Pont (Geordie) is a partner in Tannenbaum Helpern Syracuse & Hirschtritt’s Litigation & Dispute Resolution Practice, which focuses primarily on complex commercial...

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Jaclyn Grodin

Jaclyn H. Grodin is an associate in Tannenbaum Helpern Syracuse & Hirschtritt’s Litigation & Dispute Resolution Practice.  She has represented numerous parties in commercial and...

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