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How Corporations Can Challenge Overbroad Federal Document Subpoenas
March 21, 2024
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Key Points
- Corporations have a right to challenge subpoenas that are overly broad or unduly burdensome. This includes federal document subpoenas requesting materials that are irrelevant to the investigation or excessively voluminous.
- Grounds for challenging a subpoena include scope, relevance, privilege, and proportionality. Corporations can file a motion to quash or modify the subpoena in federal court.
- When challenging a subpoena, corporations should clearly explain how the requests are overbroad, irrelevant, or unduly burdensome. Supporting case law precedent is important.
- Working with an experienced attorney is highly recommended when dealing with federal investigations and subpoenas. Attorneys can negotiate with regulators to narrow requests or file motions to limit scope.
- Privilege review is a key consideration before producing any documents. Corporations need to prevent waiver of attorney-client privilege or work product protections.