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Federal Rule of Civil Procedure
45, which would make it easier
to serve document subpoenas
and eliminate the requirement of
tendering witness fees.
The proposed letter also advocated
for additional changes to Rule
45 not proposed by the Advisory
Committee, to strengthen
protections for entities served with
third-party subpoenas, including
requiring reimbursement of any
reasonable expenses, adding
protections for confidential
information and reducing the need
for privilege logs by subpoenaed
entities. The committee ultimately
chose not to participate because
the letter was heavily weighted
towards the position of subpoenaed
third parties, while FDCC members
also frequently find themselves in
the position of seeking to compel
compliance with a subpoena that
is necessary for litigation they are
defending.
We look forward
to networking with
you at the FDCC
Winter Meeting
February 24-28, 2026
at the JW Mariott
Desert Ridge Resort
Click here to register
www.thefederation.org
FDCC PILLARS
The committee
has evaluated
several amicus
brief opportunities,
reinforcing FDCC’s
commitment
to shaping
jurisprudence in
important cases
impacting the
defense bar
Looking Ahead
The committee welcomes
suggestions for opportunities for
the FDCC to participate in amicus
briefs and other public policy
efforts. These opportunities can
come either in the form of joining
an amicus brief being prepared by
one or more other entities whose
interests as aligned with the FDCC
(such as the examples above), or
the FDCC preparing its own brief
(which necessitates a substantial
allocation of pro bono time by one
or more FDCC members). The
committee looks for opportunities
where the FDCC can advocate
on behalf of defense lawyers on
issues of importance to the defense
bar—such as issues affecting the
fair and efficient administration of
justice, lawyers’ ability to effectively
represent their clients, etc.—rather
than advocating for the interests
of our clients. If you have such an
opportunity, please reach out to
committee chair Wystan Ackerman,
or any of the vice chairs.
Wystan Ackerman is an FDCC Defense
Counsel member and a Partner with
Robinson + Cole in Hartford, CT.
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