ACC Docket | January/February 2017


Are the costs of responding to third-party subpoenas really just part of doing business?


Elizabeth Atlee, Patrick Oot, Farrah Pepper and Mike Zito have authored an ACC Docket article explaining how companies may be able to shift discovery response costs to the requestor. In Third Party Subpoenas: Reversing a Cost Center in the Law Department, Oot and Zito note, “[I]nvestigative demands produce significant unplanned risks, expenses and logistical challenges for companies.” The authors recommend proactive development of cost allocation programs to track discovery spending, strategies for timely objections to burdensome subpoenas and tracking updates to jurisdictional rules.