Step-by-Step Guide to Subpoenas: Issuing and serving enforceable subpoenas to secure key documents and overlooked issues in coordinating a response

Jamie W. Dittert | Sturgill, Turner, Barker & Moloney, PLL

Jamie W. Dittert is a Member of Sturgill, Turner, Barker & Moloney, PLLC in Lexington, Ky. An experienced and nationally recognized litigator, Jamie has a wide range of experience in state and federal courts across the Commonwealth defending personal injury claims, including motor vehicle accidents and premises liability matters, as well as medical negligence defense. Jamie has successfully obtained jury verdicts, summary judgment or dismissal in favor of her clients based on a wide variety of issues. She is well-versed in insurance coverage and extra-contractual liability issues. Her work in health care law focuses on long-term care litigation and medical malpractice defense, as well as drafting and reviewing HIPAA policies. She is recognized by both Best Lawyers and SuperLawyers in Insurance Law and Insurance Litigation and Medical Malpractice Law, is a Fellow of the Litigation Counsel of America, and a Member of the Federation of Defense & Corporate Counsel (FDCC).

Amanda Crawford-Steger | Sidley Austin LLP

Amanda Crawford-Steger is a senior managing associate in Sidley’s Dallas office and a member of the firm’s Product Liability and Commercial Litigation and Disputes practices. She is a litigator and trial lawyer who has defended international and national companies in a wide variety of high-stakes litigation across the country. Amanda has developed specialties in multidistrict litigation management, and product liability, toxic tort, and mass tort litigation involving claims of catastrophic injury and wrongful death. Amanda earned her J.D., cum laude, from Baylor University School of Law.

Julie Becker | Sidley Austin LLP

Julie Becker is a senior managing associate in Sidley’s Chicago office and a member of the firm’s Product Liability and Consumer Class Actions practices. She defends companies in product liability and class action matters in both state and federal trial courts. Julie has successfully represented clients from a variety of industries, including medical devices, pharmaceuticals, consumer care products, and chemicals. She has played key roles in the development of defense strategy and briefed successful dispositive and discovery motions in both state and federal court. Julie earned her J.D., cum laude, from Northwestern University School of Law.

Charles B. Molster, III | The Law Offices of Charles B. Molster, III PLLC

Charles B. Molster, III has been a practicing trial lawyer in state and federal courts around the country for the past 34 years. Mr. Molster began his legal career as a Law Clerk to the Honorable James C. Cacheris in the Eastern District of Virginia (1983-84) and has practiced extensively in the EDVA since that time. Mr. Molster has practiced law with both small firms and large, including 20 years with the global law firm Winston &; Strawn LLP (1996-2016). In July 2016, Mr. Molster opened his own law firm (The Law Offices of Charles B. Molster, III PLLC).

Mr. Molster currently serves as Chair of the Board of Directors of the Virginia State Bar’s Intellectual Property Section and is past Chair of the Virginia State Bar’s Special Committee on Technology and the Practice of Law. Mr. Molster previously served as President of the Northern Virginia Chapter of The Federal Bar Association and served on that Board for more than 10 years. Mr. Molster is a permanent member of the Fourth Circuit Judicial Conference, a member of the Eastern District of Texas Bench-Bar Conference Planning Committee, a former member of the Virginia Bar Association’s Committee on Federal Judgeships – Eastern District of Virginia, and a faculty member of the National Institute of Trial Advocacy.

Mr. Molster also serves as General Counsel for St. Stephen’s &; St. Agnes School (Alexandria, Virginia) and The Bishop Walker School for Boys (Washington, D.C /Anacostia), as well as various other corporations and LLCs. Mr. Molster regularly conducts CLE and other programs relating to various legal issues, including numerous Intellectual Property CLEs, including in the EDVA, EDTX, for the National Federal Bar Association, as well as in Washington, D.C., Tokyo, Japan and Mainland China. Mr. Molster obtained his undergraduate degree from the University of Virginia (B.A. English 1979) and his law degree from the T.C. Williams School of Law at the University of Richmond (J.D. 1983).

John F. Floyd, Jr. | Wicker Smith

John Floyd, Jr. is a trial lawyer with the firm and is licensed in Tennessee, Kentucky, and Washington. He is a partner in the Nashville office and focuses his practice on the defense of individuals and companies across Tennessee and other jurisdictions across the country. John has tried numerous jury and bench trials to verdict in state and federal courts, including many as lead counsel. He focuses his practice on the defense of health care providers and hospitals as well as products liability defense, commercial, and domestic litigation.

John’s experience defending health care liability cases involves all aspects from pre-suit investigation to verdict and appeal and his clients include physicians and providers of all specialties. He has significant experience with cases involving claims of catastrophic injury involving brain damage, permanent disability and disfigurement, surgical negligence, and issues related to consent and battery. John takes pride in working closely with experts to evaluate these cases early on and formulating a defense based on the evidence and science. He is often called upon to speak to providers and discuss risk management and legal developments in the health care liability field.

Common to every successful defense is John’s experience in evaluating a client’s position and strategizing with the client to achieve a favorable and realistic outcome. Although many cases do not advance to verdict, John draws from his trial experience when necessary to present a case in a concise and persuasive manner. Outside of practicing law, John and his wife Caitlin are parents to two energetic boys. Between his work and family, John enjoys traveling, reading fiction, and competing in triathlons, having completed Ironman 70.3.

Aaron Pelley | Harris Sliwoski LLP

For over 17 years, Aaron Pelley has stood at the forefront of the evolving landscape of cannabis regulation. Aaron is a champion of emerging markets and an ardent advocate for cannabis industry entrepreneurs, businesses, and investors. He has crafted key cannabis legislation and established himself as a leading authority on cannabis law and practice.

Aaron is frequently recognized for his outstanding legal contributions, earning accolades such as Super Lawyer, Top 100 Trial Lawyer from National Trial Lawyers, Top 200 Global Cannabis Lawyer and Top Cannabis Litigators. Aaron is committed to an integrous cannabis industry, which includes fostering equitable relationships among business partners, and championing those who lead the charge in this transformative industry.

Aaron is unafraid of change and has lived at the tip of the spear his entire career. He’ll greet any challenge you present to him with open arms.

Richard W. Boone Jr. | Wilson, Elser, Moskowitz, Edelman & Dicker LLP

Rich Boone focuses his practice on a wide range of corporate, executive and professional liability matters as both coverage and defense counsel. Rich has appeared on behalf of insurers, entities and individuals before federal and state courts throughout the United States at both the trial and appellate levels. Rich also has extensive experience in resolving legal issues prior to litigation, which includes representing entities and individuals in a wide array of federal, state and internal investigations. This includes investigations related to alleged securities violations, cybersecurity and data privacy issues, international price-fixing cartels, violations of the Foreign Corrupt Practices Act, tax fraud, and other financial crimes. Rich also has advised foreign clients in connection with these matters and has traveled abroad extensively to assist such clients in complying with U.S. subpoenas and discovery.

Siobhán A. Mueller | Wilson, Elser, Moskowitz, Edelman & Dicker LLP

Siobhán concentrates her legal practice on insurance coverage and defense litigation. Siobhán has vast experience in the area of insurance coverage, notably acting as coverage counsel for leading primary and excess domestic and international insurers in complex insurance coverage matters. Siobhán also regularly represents entities and individuals as defense counsel in various matters, including, among other things: corporations, directors, and officers of large and small companies in various matters, including securities litigation and government investigations; lawyers and others in professional negligence cases; and diverse entities in data breach class actions and other privacy litigation.

Ronald C. Minkoff | Frankfurt Kurnit Klein & Selz PC

In addition, Mr. Minkoff represents businesses and individual professionals and executives in a wide variety of commercial litigation, including business break-ups, securities lawsuits, and domestic and international trade disputes. He has over 30 years of experience representing law firm partners and law firms in partnership formations, partnership disputes, lateral transitions and law-firm dissolutions. And he represents an internationally known petrochemist in an oil and gas venture dispute. Mr. Minkoff was a member of Chief Judge Lippman’s Task Force on Commercial Litigation in the 21st Century. He is on the Executive Committee of the New York State Bar Association.

Mr. Minkoff was named Best Lawyers in America’s 2019 “Lawyer of the Year” in Legal Malpractice Law – Defendants and 2011 and 2024 “New York Ethics and Professional Responsibility Lawyer of the Year.” He is also recognized by Best Lawyers for his work in Commercial Litigation. He has been named a New York-area “Super Lawyer” for Professional Liability: Defense Work and Business Litigation by Super Lawyers magazine for eighteen consecutive years. Mr. Minkoff is a graduate of Columbia Law School (J.D., 1980). He was an attorney at the Nassau County Legal Aid Society (1980-83), and was associated with Obermaier Morvillo & Abramowitz, P.C. (1983-85) and Owen & Fennell (1985-87). Mr. Minkoff was a member of Fennell & Minkoff (1987-94) and Beldock Levine & Hoffman (1994-2001) before joining Frankfurt Kurnit. He is admitted to practice in New York and local federal courts.

Representative cases: Fragin v. First Funds Holdings LLC and Moses & Singer LLP, 2016 WL 4256984 (Sup. Ct. N.Y. Co. 2016); Grynberg v. BP Exploration Operating Co. Ltd. N.Y.S.3d 125 (1st Dep’t (2015); Lakah v. UBS AG, 996 F.Supp.2d 250 (S.D.N.Y. 2014); QBE Ins. Co. v. Maloof, Lebowitz, Connahan & Oleske, 2105 WL 7188350 (Sup. Ct. N.Y. Co. 2015); In re Lerner, 112 A.D.3d 144 (1st Dep’t 2013); Frauzblau v. Cassin and Cassin LLP Index: 105949/10 Supreme Court New York County (2010); Carl v. Cohen and Greenberg Traurig, LLP 23 Misc.3d 1110(A) 886 N.Y.S.2d 66 (2009); Conopco, Inc. v. Wein, 2007 U.S. Dist. LEXIS 46945 (S.D.N.Y. 2007); Trepel v. Dippold, 2006 U.S. Dist. LEXIS 78050 (S.D.N.Y. 2006).

Session I – The Basics of Addressing and Using Subpoenas | 9:00am – 10:00am

• Broadly, why and how subpoenas are used
• Fundamental steps to take when a subpoena is received
• Overlooked issues in how to coordinate a subpoena response

Break | 10:00am – 10:10am

Session II – How to Subpoena Phone Records, Medical Records, Financial Records, and More | 10:10am – 11:10am

• Step-by-step practical guide to subpoenaing records
• Compliance and privacy considerations, including HIPAA
• Limitations to subpoena power

Break | 11:10am – 11:20am

Session III – How to Legally Obtain Employment Records Through Subpoenas | 11:20am – 12:20pm

• The process for obtaining and serving subpoenas
• The process for objections to subpoenas and responding to objections for subpoenas
• Strategies for avoiding litigating objections to subpoenas (including negotiation strategies, etc.)
• The process for enforcing subpoenas if doing so becomes necessary

Break | 12:20pm – 12:30pm

Session IV – Use of Subpoenas in Domestic Litigation | 12:30pm – 1:30pm

• Issuing a subpoena
• UIDDA
• Objections and protective orders
• Evidentiary concerns

Break | 1:30pm – 1:40pm

Session V – Cannabis Litigation: A primer on subpoenas and other issues in the world of legalized cannabis | 1:40pm –2:40pm

• Cannabis litigation
• Understanding subpoenas in the context of cannabis law
• Unique challenges of subpoenaing records in cannabis litigation
• Case studies and examples

Break | 2:40pm – 2:50pm

Session VI – Responding to Government Subpoenas – A guide for legal practitioners | 2:50pm – 3:50pm

• The immediate steps a party should take when receiving a government subpoena
• Determining a party’s legal rights and obligations in responding to a subpoena
• Assessing whether there may be grounds to challenge the subpoena
• Negotiating with the government to reduce the burden of compliance with the subpoena

Break | 3:50pm – 4:00pm

Session VII – “. . . Such Sweet Sorrow”: Withdrawing from a client representation | 4:00pm – 5:00pm

• Mandatory v. Discretionary withdrawal
• Making an ethically proper withdrawal motion
• Ethical obligations to the former client before and after withdrawal
• Fee disputes and attorney liens
• Transferring the client file