By Steven M. Gutierrez
In Theofel v. Farey-Jones, 359 F.3d 1066 (9th Cir. 2004), the Ninth Circuit Court of Appeals made crystal clear that overreaching discovery requests can subject the attorney and his client to civil claims. The conduct at issue was counsel for Farey-Jones' decision to serve a subpoena, at the request of his client, to the Internet service provider, NetGate, requesting all e-mails ever sent or received by anyone at Integrated Capital Associates, Inc. (“ICA”). Counsel was engaged to defend Farey-Jones in a commercial litigation dispute with Plaintiffs Wolf and Buckingham (who were officers of ICA). The subpoena sought all e-mail, regardless of whether it was related to the subject matter of the commercial litigation, and did not contain a time limitation. Rather, the subpoena requested copies of all e-mail sent and received by ICA.
Continue reading "U.S. Court of Appeals for the Ninth Circuit in Theofel v. Farey-Jones provides fair warning against the service of a subpoena on a third-party e-mail service provider." »
By Steven M. Gutierrez
In Theofel v. Farey-Jones, 359 F.3d 1066 (9th Cir. 2004), the Ninth Circuit Court of Appeals made crystal clear that overreaching discovery requests can subject the attorney and his client to civil claims. The conduct at issue was counsel for Farey-Jones' decision to serve a subpoena, at the request of his client, to the Internet service provider, NetGate, requesting all e-mails ever sent or received by anyone at Integrated Capital Associates, Inc. (“ICA”). Counsel was engaged to defend Farey-Jones in a commercial litigation dispute with Plaintiffs Wolf and Buckingham (who were officers of ICA). The subpoena sought all e-mail, regardless of whether it was related to the subject matter of the commercial litigation, and did not contain a time limitation. Rather, the subpoena requested copies of all e-mail sent and received by ICA.
Continue reading "U.S. Court of Appeals for the Ninth Circuit in Theofel v. Farey-Jones provides fair warning against the service of a subpoena on a third-party e-mail service provider." »
DENVER (May 27, 2008): Holland & Hart LLP and Hale Lane Peek Dennison and Howard announced today that the firms will combine forces. Hale Lane is one of the largest and most highly regarded Nevada law firms, and Holland & Hart, the largest firm based in the Mountain West, expanded into Nevada in 2006. This combination brings together many of the leading lawyers in Nevada and the Mountain West to provide enhanced legal services across the region.
Continue reading "HOLLAND & HART AND HALE LANE COMBINE FORCES" »
DENVER (May 27, 2008): Holland & Hart LLP and Hale Lane Peek Dennison and Howard announced today that the firms will combine forces. Hale Lane is one of the largest and most highly regarded Nevada law firms, and Holland & Hart, the largest firm based in the Mountain West, expanded into Nevada in 2006. This combination brings together many of the leading lawyers in Nevada and the Mountain West to provide enhanced legal services across the region.
Continue reading "HOLLAND & HART AND HALE LANE COMBINE FORCES" »
