Program Details

The Art of the Subpoena: Drafting, Responding to and Negotiating the Scope of Subpoenas During Litigation and Government Investigations

Content Partner:  Boston Bar Association
Price: $110.00*
Member Price:  $90.00
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In this day and age of seemingly ever-increasing discovery costs, clients are forever looking for ways to reduce litigation costs.  
  • Learn from the experts ways attorneys can help to reduce costs by learning to effectively draft, respond to and quash subpoena requests.
  • Learn tips and best practices from outside and in-house counsel on how to draft and respond to third party and 30(b)(6) subpoenas in order to avoid costly and inefficient “data dumps” and “fishing expeditions.”
  • Hear from government prosecutors on how attorneys can best negotiate the scope of government subpoenas when their clients find themselves under investigation.
Panel I - Private Litigation
I.  Drafting & Responding to Subpoenas - Best Practices
a.  How to negotiate the scope of subpoenas with opposing counsel
b.  How to take and defend a 30(b)(6) deposition
c.  Similarities and differences between trial subpoenas and discovery subpoenas
II.  Changes to the Federal Rules of Civil Procedure concerning subpoenas
Panel II - Government Investigations
I.  Government Investigations
a.  The investigatory steps the government takes prior to issuing a subpoena.
II.  Negotiating with the Government
a.  How to negotiate the scope of a government subpoena.
III.  Opposing a Government Subpoena
a.  Options available for quashing a government subpoena.
IV.  How Non-Parties Can Most Efficiently and Effectively Respond to Government Subpoenas
a.  Difficulties and burdens in-house counsel may encounter when trying to respond to a non-party government subpoena.
b.  How to minimize the burden to the company while simultaneously providing the government with the requested information.
Benjamin Brown, Intellectual Property Counsel for Analog Devices, which is a world leader in developing high-performance analog, mixed-signal, and digital signal processing integrated circuit solutions used in all types of electronic equipment.  In his role as IP Counsel, Mr. Brown works on Analog Devices’ worldwide intellectual property matters and manages litigation for Analog Devices.  As an in-house attorney and previously as an attorney at WilmerHale, Mr. Stern has handled numerous subpoenas and discovery matters.  Mr. Brown graduated from Rutgers, The State University of New Jersey-New Brunswick and earned his law degree from Fordham University School of Law.
John G. Fabiano, a partner in Fabiano Law Firm, LLP in Norwood.  A Fellow of the American College of Trial Lawyers, Mr. Fabiano has been an active trial lawyer focusing on complex commercial litigation matters for 43 years.  He has tried more than 100 jury and non-jury cases in various state and federal courts as well as numerous arbitrations and administrative hearings throughout the United States and the United Kingdom.  Until his retirement in 2011, Mr. Fabiano was a Partner at Hale and Dorr (now WilmerHale), which he joined in 1970.  For several years, he served as Chairman of Hale and Dorr's Litigation Department.  Mr. Fabiano graduated from Harvard College and earned his law degree from Harvard Law School.
Rua Kelly, Senior Trial Counsel at the U.S. Securities and Exchange Commission.  From 2002 to 2005, Ms. Kelly served as an Assistant District Attorney in Middlesex County, where she led more than 40 criminal trials in both the District and Superior Courts and was a supervisor in the Cambridge and Marlborough District Courts.  From 2005 to 2010, Ms. Kelly served as an Assistant United States Attorney in the Southern District of New York, where she was responsible for investigating and trying complex federal criminal cases, including public corruption matters and violations of the narcotics, immigration, asset forfeiture, securities and election laws.  At the SEC in Boston, Ms. Kelly has handled a wide variety of securities cases, including SEC v. Illarramendi, in which the defendant allegedly orchestrated a Ponzi scheme that caused hundreds of millions of dollars in investor losses.  Ms. Kelly is a graduate of the University of Massachusetts at Amherst and earned her law degree from Stanford Law School.  Prior to entering public service, Ms. Kelly was a litigation associate in private practice at Ropes & Gray LLP.
Justin O’Connell is an Assistant United States Attorney in the District of Massachusetts concentrating on complex financial fraud matters, including as a member of the Residential Mortgage-Backed Securities Working Group and the Financial Fraud Enforcement Task Force.  Prior to becoming a prosecutor, Mr. O’Connell practiced at Sullivan & Cromwell LLP in New York and Goodwin Procter LLP in Boston where he focused on antitrust matters, securities litigation, white collar defense, government investigations, and general commercial litigation.  He is a graduate of Loyola College in Maryland and earned his law degree from Syracuse University College of Law.  After law school, Mr. O’Connell clerked for The Honorable William P. Dimitrouleas of the United States District Court for the Southern District of Florida.
Danielle Sheer serves as the Vice President, General Counsel and Corporate Secretary of Carbonite, Inc., a Boston-based public technology company (NASDAQ: CARB) that provides cloud solutions for small businesses and consumers.  Ms. Sheer founded and developed the legal department at Carbonite and guided it to its NASDAQ listing.  She is responsible for the management of Carbonite’s worldwide legal, compliance and corporate affairs, including data security and privacy compliance, management of Carbonite’s intellectual property portfolio, and advising the Company’s management and board of directors on legal, strategic and corporate governance matters.  Ms. Sheer has been named to the Boston Business Journal's "Forty under 40" list of emerging business leaders; honored by the Massachusetts Bar Association and Massachusetts Lawyers Weekly as an "Emerging Leader"; and received the "Maverick of the Year" Stevie award for Women in Business.  Prior to joining Carbonite, Ms. Sheer practiced corporate and securities law at Willkie Farr & Gallagher LLP.  She serves on the board of the Girl Scouts of Eastern Massachusetts and The Boston Club.  Ms. Sheer is a graduate of George Washington University and earned her law degree from Georgetown University Law Center. 
Christine M. Genaitis - Collora LLP
Benjamin M. Stern - Holland & Knight 

Practice Areas:
Online Media Type: Video
Production Date: 01/07/2014 4:00 PM EST
Level: Basic
Category: Standard
Duration: 2 Hours, 0 Minutes
Online Format: Live

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Total Credits: 2
Specialty Credits: 
Status: Reciprocal Credit Available
Expiration: N/A
Training Type: Online

West LegalEdcenter provides accreditation as described here. You may be able to self apply for credits in states not listed.

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Benjamin Brown - Intellectual Property Counsel, Analog Devices
John G. Fabiano - Wilmer Cutler Pickering Hale and Dorr LLP
Rua Kelly - Senior Trial Counsel, U.S. Securities and Exchange Commission
Justin O'Connell - Assistant United States Attorney, District of Massachusetts
Danielle Sheer - Vice President, General Counsel and Corporate Secretary, Carbonite, Inc.
Christine M. Genaitis - Collora LLP (MODERATOR)
Benjamin M. Stern - Holland & Knight (MODERATOR)
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

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