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You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.Extract from article by Adrian Fontecilla and Corey Rogoff
Although e-discovery has been part of complex commercial litigation for over a decade, there have been only a few federal appellate court rulings about e-discovery topics. On April 7, 2016, in In re Am. Nurses Ass’n, the Fourth Circuit became the latest appellate court to issue such a ruling. The Court upheld a district court’s ruling that shifted a third-party’s subpoena-related e-discovery costs to the subpoenaing party. The Court also upheld the lower court’s determination that attorney’s fees incurred by the third-party in responding to the subpoena should also be shifted to the subpoenaing party. The opinion is instructive to litigants and counsel on both sides of a subpoena.