Legal Research

Summary Judgment -Plus Standard Applicable to Subpoena to E-mail Service Provider Seeking Identity of Anonymous Party

By David Badertscher, PLL

Source: Lexology, January 18, 2008.

Summary judgment-plus standard applicable to subpoena to e-mail service provider seeking identity of anonymous party
Thelen Reid Brown Raysman & Steiner
"A party seeking to obtain discovery of the identity of an anonymous speaker via a subpoena to the speaker's e-mail service provider must first demonstrate that its claim would survive a motion for summary judgment and then establish that a balancing of the parties? competing interests favors disclosure."

Full post as published by New York Supreme Court Criminal Term Library on January 18, 2008 (boomark / email).