It’s Confidential!

Each industry and each subpoena varies — but most common issues to keep in mind before turning over information in response to a subpoena is to wholeheartedly assess whether the response will disclose your company's proprietary information, or even worse, your customer's proprietary information that you are bound to protect by a confidentiality and/or non-disclosure agreement.

While courts will endeavor to protect a company's proprietary information, a request to merely quash a subpoena in some circumstances is an overreaching endeavor – Judges prefer common sense solutions.  It is necessary to demonstrate to the court that information can be produced in a particular manner without compromising the integrity and usefulness of information to the party issuing the subpoena. In order to get ahead of the eight-ball, prepare a discovery plan with outside counsel to present to the court that limits the disclosure of information.