Employers who succeed or fail in blocking an investigative subpoena by the Equal Employment Opportunity Commission will find the district court’s decision likely to survive on appeal under a standard the U.S. Supreme Court announced on Monday.

In McLane Co. v. Equal Employment Opportunity Commission, the justices, in a 7-1 ruling, said federal appellate courts should review challenges to a subpoena under the deferential “abuse of discretion” standard. The majority, led by Justice Sonia Sotomayor, rejected the tougher “de novo” review that the U.S. Court of Appeals for the Ninth Circuit applied.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]