Update on the Heller Subpoena

In a new article in the San Francisco Chronicle, Chevron suggests that it subpoenaed Kevin Jon Heller’s gmail account because it didn’t believe that the account belonged to him. This hardly seems credible—Chevron could simply have asked Heller, or it could have done five minutes of googling.

I want to clear up a misconception that several people have had when I’ve discussed this case with them. The subpoena did not, and really could not, call for the contents of Heller’s emails. Under the Stored Communications Act, which I’ve covered before, Chevron would have to serve a subpoena on Heller himself, rather than on Google, to get the emails themselves. Instead, the subpoena called for IP logs and the like.

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2d ed. 2016), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

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