#overbroad

Binance seeks protection from 'overbroad' SEC information requests

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Trump files new challenge to subpoena for tax returns, calls it ‘wildly overbroad’ – National

President Donald Trump on Monday filed a new challenge to the Manhattan District Attorney’s subpoena for his tax returns, weeks after the U.S. Supreme Court said the president was not immune from state criminal probes.

In a second amended complaint filed in Manhattan federal court, Trump’s lawyers argued that the subpoena was “wildly overbroad” and was issued in “bad faith” and amounts to…

We recently published a newsletter regarding the duties to preserve and produce text messages in electronic discovery. Just like any other request for evidence in discovery, the requests must be specifically tailored to avoid being overbroad in scope or relevance. For a case where Defendants sought text messages from Plaintiff that were deemed overbroad and irrelevant by the trial court, see the Order Granting Motion to Quash Subpoena in Burdette v. Panola County, Civil Action No. 3:13CV286-MPM-SAA (N.D. Miss. February 4, 2015).

Plaintiff filed an employment lawsuit alleging unpaid wages and retaliation. Defendant sent a subpoena to AT&T seeking production of all calls and text messages, which included 20 days after Plaintiff was terminated from his employment. Defendant contended the subpoena was necessary as Plaintiff had “avoided producing ESI that was relevant to the claims.” Defendant noted that during Plaintiff’s oral deposition, Plaintiff admitted he had recorded a conversation on the date of his termination on his cell phone.

Plaintiff objected and moved to quash the subpoena as overbroad, harassing, irrelevant to the unpaid wage claims and retaliation, and possibly violating attorney-client privilege. The court agreed, noting that phone calls and texts would likely include data about Plaintiff’s family and possibly information protected by attorney-client privilege. Defendants offered to explanation how text messages or phone calls were in any way relevant to the claims, or how texts and phone calls were relevant to the Plaintiff admitting he had taped a conversation on his cell phone. Further, the scope of the subpoena was overbroad as it sought information 20 days after termination and the date of that recording. “The court will not permit irrelevant discovery that appears to be more harassing than productive.”

The court considered the standards set by the Fifth Circuit to quash a subpoena, and found the lack of relevance weighed in favor of granting Plaintiff’s motion to quash. 

President's Review Group Puzzler: Why is Massively Overbroad Surveillance ...

President's Review Group Puzzler: Why is Massively Overbroad Surveillance … The report from the President's Review Group on Intelligence and Communications Technologies on the U.S. government's mass spying—domestically and around the globe— has much that's…