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U.S. Court of Appeals for the Ninth Circuit

Case Status

Decided

Docket Number

13-15126

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Ninth Circuit denies en banc review of standard for enforceability of EEOC administrative subpoenas

January 22, 2016

The petition for rehearing en banc was denied.

U.S. Chamber supports en banc review of standard for enforceability of EEOC administrative subpoenas

December 18, 2015

In its brief, the U.S. Chamber supported a petition for rehearing en banc requesting that the Ninth Circuit review the legitimacy of an EEOC administrative subpoena. The amicus brief argues that panel’s upholding of the overbroad EEOC subpoena, as a practical matter, nullifies statutory limits on the EEOC’s investigative authority and effectively sanctions limitless fishing expeditions through unconstrained subpoena power. The brief further argues that the court’s adherence to the statutory relevance limitation is essential to prevent investigatory misconduct and abusive enforcement tactics by the EEOC.

Richard B. Lapp and Camille A. Olson of Seyfarth Shaw LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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