Nathan A Adams IV is a Partner in Holland &
Knight's
Tallahassee office
In Acosta v. La Piedad Corp., 894 F. 3d 947 (8th Cir.
2018), the court ruled that a restaurant company doing business as
El Mezcal Mexican Restaurant was not in civil contempt for failure
to produce documents in response to a DOL subpoena that demanded
production of documents reflecting business activities of
shareholders without regard to where the documents were located or
whether they pertained to the company's business under DOL
investigation into compliance with the FLSA. The subpoena was
broad, requesting 22 categories of documents, including "all
documents showing the names and addresses of all other businesses
that are partially and/or fully owned by any of the owners of La
Piedad Corporation and the percentage of ownership." The
subpoena lacked statutory or judicial authority authorizing a
subpoena commanding a party to produce documents that are not
within its possession, custody or
