Association Executive - January/February 2008 - (Page 29)

or enforcement agencies in one state are not enforceable against individuals or entities living in another state and who are not parties to the litigation in question. In order for a subpoena to be valid against a nonresident, it must be issued by the state court having jurisdiction over the specific location where the nonresident resides. However, like the state court subpoena, the federal subpoena is only valid if it is issued pursuant to the proper procedures. There are also rules governing how and when a non-party association served with a subpoena must respond or object. These are of vital importance, for failure to properly and timely lodge an objection to a subpoena may constitute a waiver of the association’s ability to do so later. To an unfamiliar eye, items requested in a third-party subpoena may seem daunting. One school of subpoena drafting will make the broadest and most general demand for documents, which, if taken literally, could call for virtually every one of the association’s documents. If you think this doesn’t happen, imagine a request for all of the association’s documents that relate to its purpose, mission, or objectives. It quickly becomes apparent that any document that includes the association’s logo or corporate slogan may be responsive. Generally, the association’s attorney can object to such an expansive document request and negotiate with the requesting counsel to reduce significantly the association’s burden of looking for and producing the documents. In addition, under the federal rules and many state rules of procedure, the party who issues the subpoena must assure that the trade association will not suffer undue burden or expense in its compliance with the subpoena. In other words, an association might not have to foot the entire bill to produce responsive documents. While it may not be as great as turning lead into gold, utilizing an attorney may help substantially reduce the association’s costs and burdens in complying with a subpoena. The One Thing Not to Do Although there are a number of things the trade association should do, the one thing that it must not do, however, is ignore the subpoena. Both state and federal law provide for sanctions— including monetary fines and findings of contempt of court—for an association’s (or any entity’s) failure to comply with a valid subpoena. The last thing the association needs is to pay a heavy fine because it simply did not get around to responding to a subpoena or thought the whole thing might just go away. David E. Frulla, Esq., is a partner of Kelley Drye & Warren, LLP, in the firm’s Campaign Finance and Political Law, Government Relations and Public Policy, Litigation, and Environmental Law Practice Groups, and Daniel Blynn, Esq., is an associate in the Litigation Practice Group. They can be reached at: 3050 K Street, NW, Washington, DC 20007-5108; drfulla@kelleydrye.com; or dblynn@kelleydrye.com. Plan your next meeting in Annapolis… where getting away was never so close! Day Meeting Packages Available starting at $59 Includes breakfast, lunch, breaks, AV and LCD Projector Come and explore what Annapolis has to offer! Enjoy a Traditional Maryland Crab Feast Dine with Midshipmen at the US Naval Academy Go Sailing on the Chesapeake Bay And Many More Group Activities …Minutes from BWI Airport or just a few hours’ drive from New York Call us today for Special NYSAE Accommodation Rates! 174 West Street, Annapolis, MD 21401 410.263.7700 • 1.866.782.9624 events@ocallaghanhotels-us.com www.ocallaghanhotels.com A Warm Irish Welcome Awaits You! 357440_OCallaghan.indd 1 JANUARY/FEBRUARY 2008 AS SOC I11/30/07X E5:38:15 PM A TI ON E C U TI V E 29 http://www.ocallaghanhotels-us.com

Table of Contents Feed for the Digital Edition of Association Executive - January/February 2008

Association Executive - January/February 2008 Contents From the CEO Good Governance Practices for 501(c)(3) Organizations A New Model: Helping Smaller Not-For-Profits with Their Endowment Management Inside NYSAE Book Beat Too Much of a Good Thing? Enhanced Form 990 Disclosures and Their Impact 7 Myths about Financial Planners An Executive's Guide to Responding to Third-Party Subpoenas Relationship Selling: Maximize Your Talk, Time & Tech to Keep Your Connection Strong Save the Dates Index of Advertisers

Association Executive - January/February 2008

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