Keep up with the latest developments and legal issues in the telecommunications and emerging technology sectors, with exclusive access to a comprehensive collection of telecommunications law news,...
Oct. 18 — A federal appeals court Oct. 17 stayed in part a district court order enforcing a Senate subcommittee subpoena for information about how Backpage.com LLC moderates its classified ad site for sex trafficking ( Senate Permanent Subcommittee v. Ferrer , D.C. Cir., No. 16-05274, 10/17/16 ).
The U.S. Court of Appeals for the District of Columbia Circuit stayed the order to the extent that it requires Backpage CEO Carl Ferrer to produce documents that he alleges are protected by the attorney-client or work product privilege. Ferrer will have 24 days to produce all other requested documents.
The D.C. Circuit's decision to grant the stay comes just 11 days after Ferrer was arrested and charged with pimping a minor. Ferrer filed an emergency request three days before the arrest to stay the U.S. District Court for the District of Columbia's order.
The D.C. Circuit and the U.S. Supreme Court in September rejected previous bids by Ferrer to stay enforcement of the subpoena (21 ECLR 37, 9/21/16). Ferrer had argued against the subpoena on First Amendment grounds.
An attorney for Ferrer didn't immediately respond to a Bloomberg BNA request for comment.
The Senate Homeland Security and Governmental Affairs Permanent Subcommittee on Investigations, as part of its online trafficking investigation, sought to enforce a subpoena requesting documents on Backpage's screening and editing of ads in its adult sections, limitations for users on posting ads and reviewing of user accounts.
After the Supreme Court denied a stay, the district court ordered Ferrer to comply with the subpoena by Oct. 10. The district court also ruled that Ferrer had waived his attorney-client and work product privileges because he failed to file a privilege log, as required by Federal Rule of Civil Procedure 26(b)(5).
Ferrer argued in his Oct. 3 emergency request that he didn't waive the privileges. He said that, until the district court denied his constitutional objections to the subpoena, he had no duty to search documents and produce a privilege log. If Ferrer had prevailed on his First Amendment claims, “the entire question of whether a particular subset of documents was also protected by the attorney-client and work product privileges would have been moot,” he said.
Akin Gump Strauss Hauer & Feld LLP represented Ferrer. The Office of Senate Legal Counsel represented the subcommittee.
To contact the reporter on this story: Alexis Kramer in Washington at email@example.com
To contact the editor responsible for this story: Keith Perine at firstname.lastname@example.org
Full text at http://src.bna.com/jrW.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)