False Claims Act Fundamentals: How To Respond To A Third-Party Subpoena

If you are part of a heavily regulated—or heavily litigated—industry, at some point, you or your company are likely to receive a third-party subpoena.

This post offers guidance on how to respond to this common discovery tool.

What Is a Third-Party Subpoena?

A subpoena is a tool that parties to litigation can use to obtain documents and other information from persons or entities who are not a part of the case but may have documents or information relevant to the case. A subpoena functions like a Civil Investigative Demand, a tool the government often uses during False Claims Act investigations, but it is issued by private parties involved in civil litigation. We have previously covered how to respond to a Civil Investigative Demand.