Out-of-State Subpoenas & Interstate Discovery [2022 Edition]

Evan M. Goldman
Evan M. Goldman | Greenspoon Marder LLP

Evan M. Goldman is a partner in the Franchise Law practice group at Greenspoon Marder LLP. Mr. Goldman is also a partner in the Litigation group. As a New York, Pennsylvania, Washington, D.C. and New Jersey-licensed attorney, he concentrates his practice on franchises, working closely with both franchisor and franchisee clients to draft, negotiate, and register disclosure documents, franchise agreements, and related key documentation.

Live Video-Broadcast: November 18, 2022
Out-of-State Subpoenas & Interstate Discovery [2022 Edition]

$195.00 2 hour CLE

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Program Summary

This CLE will discuss all things related to serving cross-state and cross-district subpoenas in state and federal courts. The presenters will discuss the Uniform Interstate Depositions and Discovery Act, the Uniform Foreign Depositions Act, and the various state-specific subpoena requirements when dealing with serving subpoenas in different jurisdictions. Amongst other things, the CLE will focus on practical pointers for strategically planning interstate discovery. This live webinar will help practitioners with the most commonly presented cross-border and interstate discovery issues from attorneys who have litigated matters in dozens of states.

Key topics to be discussed:

  • Procedures to obtain out-of-state subpoenas
  • Traps for the unwary when seeking out-of-state subpoenas
  • Serving cross-district Federal Subpoenas
  • Enforcement of out-of-state subpoenas

Date / Time: November 18, 2022

  • 10:00 am – 12:10 pm Eastern
  • 9:00 am – 11:10 am Central
  • 8:00 am – 10:10 am Mountain
  • 7:00 am – 9:10 am Pacific

 

Closed-captioning available

Speakers

Evan M. Goldman_Greenspoon Marder LLP_myLawCLEEvan M. Goldman | Greenspoon Marder LLP

Evan M. Goldman is a partner in the Franchise Law practice group at Greenspoon Marder LLP. Mr. Goldman is also a partner in the Litigation group. As a New York, Pennsylvania, Washington, D.C. and New Jersey-licensed attorney, he concentrates his practice on franchises, working closely with both franchisor and franchisee clients to draft, negotiate, and register disclosure documents, franchise agreements, and related key documentation. Mr. Goldman also has extensive experience advising clients in the hospitality industry, including hotels, bars, nightclubs, caterers, private clubs, commercial properties, and fitness centers. He has represented both franchisors and franchisees in multi-million dollar deals, throughout the U.S. and internationally.

Further, Mr. Goldman is a seasoned litigator, inside and outside the franchise and hospitality industries, representing clients in business litigation matters, including partnership disputes, in both federal and state trial and appellate courts in New Jersey, New York, Pennsylvania, and the District of Columbia, as well as before the American Arbitration Association (“AAA”). In this role, Mr. Goldman has litigated, arbitrated, or mediated in 30-plus states throughout the United States. Specifically, Mr. Goldman regularly represents clients in dispute categories such as termination issues, breach of contract, trademark infringement disputes, fraud claims, and enforcement of non-competition agreements.

Agenda

I. Scope of presentation | 10:00am – 10:15am

  1. Out-of-state subpoenas are for state-court civil matters
  2. Cross-District federal court subpoenas

II. Ethics considerations | 10:15am – 10:30am

  1. Bar opinions that found it is unethical to serve unenforceable subpoenas
  2. Discussion of what makes a subpoena unenforceable
  3. UPL considerations when taking out-of-state deposition

III. Strategically planning interstate discovery | 10:30am – 10:45am

IV. Three procedures to obtain out-of-state subpoenas | 10:45am – 11:00am

  1. Uniform Interstate Depositions and Discovery Act
  2. Uniform Foreign Depositions Act / Commission / Notice
  3. Court involvement required

Break | 11:00am – 11:10am

V. Factors to weigh in deciding to issue out-of-state subpoenas | 11:10am – 11:25am

VI. Nuances in various state court procedures; tips for the unwary | 11:25am – 11:40am

VII. Serving the out-of-state subpoena | 11:40am – 11:55am

VIII. Enforcement of out-of-state subpoena | 11:55am – 12:10pm

  1. Strategy and documents needed to enforce out-of-state subpoena
  2. Strategy to oppose an out-of-state subpoena when representing the nonparty
  3. Recent changes to the Federal Rules of Civil Procedure