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Expert Analysis

McLane V. EEOC's Impact On Employer Subpoena Responses

By Mark Wiletsky (April 11, 2017, 11:58 AM EDT) -- What standard should apply when an appellate court reviews a district court's decision on whether to enforce a subpoena issued by the U.S. Equal Employment Opportunity Commission? That is the question recently decided by the U.S. Supreme Court in the case of McLane Co. Inc. v. EEOC, 581 U.S. ___ (2017). All eight justices agreed that the proper standard of review of an EEOC subpoena enforcement decision is abuse of discretion, not de novo review. The only discord among the justices was whether the case needed to be remanded to the Ninth Circuit for analysis under the correct standard of review....

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