Recording

Civil and Criminal Subpoenas Webinar CD
What you need to know — from receipt to response

Webinar Recorded Live November 13, 2012
Program Rated 4.04 out of 5 by participants

Overview

You’ve just been served. The subpoena “looks” okay,  and seems “official,” but you’re wary — and you should be. The stakes are often high if you get this wrong.

Confusion with subpoenas is common and very understandable. There are several types of subpoenas, each governed by different laws. Plus, it can be hard to tell whether or not a subpoena is truly “valid.” Knowing the difference is critical — releasing information or records in response to an invalid or fraudulent subpoena is a breach of privacy under state and federal law. Now you have more problems.

This webinar thoroughly explains the nuances of civil and criminal subpoenas. Participants will learn how to review what they receive and respond with confidence. Case examples are used to illustrate common pitfalls and how to avoid them.

Agenda

The nuances of civil and criminal subpoenas

  • How to identify the different types and uses
  • Which federal or state laws apply
  • What makes a subpoena “valid” — court seals, signatures, case numbers
  • Methods of delivery — personal, mail, fax
  • Request for employment or medical records, billing, mental health, substance abuse, HIV, etc.
  • Subpoena is too broad? When you can push back and how
  • Who should receive a subpoena, suggested P&P

You’ve been served — now what?

  • The right and wrong way to receive a subpoena
  • When the clock starts for response
  • Deadlines — are they all hard and fast?
  • What happens to the clock if subpoena is “invalid”
  • Action steps for civil vs. criminal subpoenas
  • Civil subpoena requirements and “Notice to Consumer”
  • Risks of late response, fees and more …
  • Methods of response for medical records, other

Best practices for managing subpoenas

  • Most common pitfalls and how to avoid them
  • Case scenarios illustrating common situations and solutions
  • Inappropriate access through invalid or fraudulent subpoenas

Faculty

Edward Fabi is registered in-house counsel for Sutter Health, the largest non-profit health care organization in Northern California. Mr. Fabi’s primary areas of practice are bio-ethics, regulatory compliance, medical research, and patient consent issues. In addition to developing front-line defense strategies in medical malpractice suits and regulatory compliance complaints, he also educates health care executives, physicians, and nurses on “best practices” for patient safety and litigation.

Prior to joining Sutter Health, Mr. Fabi was an associate at Campbell, Yost, Clare & Norell P.C., a law firm in Phoenix, Arizona, that specializes in health care law and medical malpractice defense of health systems, medical centers, and medical professionals. In addition, he also spent nearly ten years in active duty service with the United States Air Force Judge Advocate General Corps, specializing primarily in Federal civil and criminal litigation.

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