WASHINGTON, D.C., April 3, 2017: Today Morgan Lewis secured a victory on behalf of supply chain services leader McLane Company in the US Supreme Court. Partner Allyson Ho successfully argued that the Ninth Circuit applied the incorrect standard in addressing the subpoena power of the US Equal Employment Opportunity Commission (EEOC)—a significant area of concern for employers.
The issue was whether a district court’s decision to quash or enforce an EEOC subpoena should be reviewed de novo, which only the US Court of Appeals for the Ninth Circuit did, or should be reviewed deferentially, which eight other circuits do. The case has been remanded for application of the appropriate deferential standard of review.
“We are gratified that the Supreme Court agreed with our client’s position that the Ninth Circuit applied the incorrect standard,” said Ms. Ho.