For Immediate Release Contact: DeAnne Merey
US MAGISTRATE JUDGE REJECTS TRADE SECRET PRIVILEGE AND GRANTS MOTION TO COMPEL TESTIMONY
Testimony Required Where Worries About Disclosure are Overblown
New York, N.Y.—July 6, 2017—United States Magistrate Judge, James C. Francis IV, granted plaintiffs’ motion to compel compliance with their subpoena to depose a third-party witness, Erika Lance. The witness had refused to answer questions on the basis that they required the disclosure of trade secrets in the case captioned S&A Capital Partners, Inc., Mortgage Resolution Servicing, LLC; and 1st Fidelity Loan Servicing, LLC v. JPMorgan Chase Bank, N.A., JPMorgan Chase & Company, and Chase Home Finance LLC, No. 1:15-cv-00293-LTS-JCF.
Ms. Lance is an employee of Nationwide Title Clearing, Inc. (“NTC”) and was deposed on March 21, 2017 by plaintiffs’ attorney, Brent Tantillo, Managing Shareholder, Tantillo Law PLLC. During the deposition, Ms. Lance refused to answer questions that would purportedly elicit NTC’s proprietary information, including questions about NTC’s clients and the types of systems Ms. Lance used to create certain documents on which her name appears.
In granting the motion, Judge Frances determined that the plaintiffs’ need for the information outweighs harm of disclosure and that it had not been conclusively established that trade secrets or other confidential information would be elicited. Judge Frances further reasoned that a protective order in this litigation would protect confidential information from disclosure to entities other than the attorneys who are litigating the case.
According to Brent Tantillo, “We are pleased with the court’s decision to grant our Motion to Compel. Trade secret discovery objections shouldn’t be used to obstruct justice in cases where adequate protections are available.”
About Tantillo Law PLLC:
Tantillo Law is an internationally recognized full-service litigation law firm headed by Brent Tantillo with offices in Washington D.C., Florida, and New York. An in-depth understanding of the statutory and regulatory framework in which issues arise enables Tantillo Law to offer exceptional representation in the areas of Banking, Government Regulatory Enforcement, Health Care Fraud and Abuse Defense, Internal Investigations, Securities & Investment Fraud, Whistleblower Representation, and White Collar Criminal Defense. For more information, please visit TantilloLaw.com.