Are Virtual Office mail uploaded to the cloud fair game for subpoenas ?

[ApolloLordofSpace]

In fact, the section that bars google from giving out people's gmails in that act has a specific exemption in it for warrants and subpoenas issued by appropriate parts of the judiciary.

Are we talking just government subpoenas or civil as well?

 

[quincy]

Are we talking just government subpoenas or civil as well?

Subpoenas for a civil action. Yours is a civil action, correct? I linked to Rule 45 of the Nevada Rules for Civil Procedure.

Who are you suing - and who or what are you attempting to serve with a subpoena?

 

[FlyingRon]

Are we talking just government subpoenas or civil as well?

A civil subpoena is a governmental subpoena. Yes, it is covered.

 

[quincy]

What exactly are you attempting to do?

 

[Taxing Matters]

A civil subpoena is a governmental subpoena. Yes, it is covered.

I disagree in part. Most subpoenas are issued under the authority of a court but not issued by the court itself, but rather by the attorneys for the litigants in their roles as officers of the court. So I would not characterize a civil subpoena as a "governmental subpoena".

In any event, a court is not a "governmental entity" as defined in the Act. It defines the term as follows: "the term 'governmental entity' means a department or agency of the United States or any State or political subdivision thereof." 18 U.S.C. § 2711(4). A court is a not a department or agency of the federal, state or local government. The act sets rules for how a governmental entity — a federal state or local department or agency — may obtain those stored communications. Again, it just doesn't address subpoenas issued in litigation at all, other than the defense it provides in a lawsuit under § 2707. It is precisely because the Act just doesn't even address it that the Act is no barrier to obtaining these records by subpoena when the party seeking it is not a "governmental entity".

 

[quincy]

For a civil action, the subpoena is issued by the court where the civil action was filed and is signed by the clerk of that court (or possibly by the attorney if the attorney practices in that court). The subpoena is then served as described in Rule 45.

It would be nice if ApolloLordofSpace would return to answer a few of the questions asked ... but perhaps he has learned what he needed to learn.

 

[ApolloLordofSpace]

Company in litigation is representing themselves as located that virtual office.
If I read this correctly, the company, not an individual, is representing itself? Not legal in Nevada, a company, that is not a sole proprietorship, must be represented by an attorney.

The person/company in litigation has a fake ( virtual) address in NV.

Is a Virtual office considered a independent 3rd party company or an accomplice?

What relationship do they have with their clients?

That of an ISP, Dropbox, Uber driver, landlord, Franchise owner, office manager?

Virtual Office I think is a new concept maybe without clear laws on how they are classified.

He tells the world that his office is located there. Its on all his legal documents. They may have all the documents needed to win in court.

I am trying to find if that virtual office is required to turn over his info under a subpoena . This this is untested waters, please let me know.

 

[quincy]

The person/company in litigation has a fake ( virtual) address in NV.

Is a Virtual office considered a independent 3rd party company or an accomplice?

What relationship do they have with their clients?

That of an ISP, Dropbox, Uber driver, landlord, Franchise owner, office manager?

Virtual Office I think is a new concept maybe without clear laws on how they are classified.

He tells the world that his office is located there. Its on all his legal documents. They may have all the documents needed to win in court.

I am trying to find if that virtual office is required to turn over his info under a subpoena . This this is untested waters, please let me know.

You can serve the subpoena on the data storage company. The data storage company is not the person/company you are suing but a third party who stores documents for the person/company you are suing. And you can serve a second subpoena on the person/company you are suing.

A subpoena is a command. It can be a command to produce documents (like bank statements), electronically stored information (like emails) or it can command the production of tangible things (like regular mail, physical journals).

The subpoena can require either the inspection of documents and the copying documents or both.

Are you suing both the owner of a company and the company as a whole? Is it a sole proprietorship?

 

[ApolloLordofSpace]

I read that though as the company that is being sued is claiming that it is located at that virtual office, not that the company was representing itself in the litigation.

The company is using the fake virtual office as their address on all legal document and other paperwork. Its listed as their corporate headquarters on the website however the virtual office is not a real office but a company they hire to basically pretend to be them.

They get their mail, scan in it, perform other business services such as filing papers with government. However the individual may not actually be there.

Do do officer services in which a person/company can physically go there and use their conference room, phones,etc..

Its like he has outsourced his back office to this location but they advertise themselves as a virtual office. They do the same for other business as well.

It may be the type of thing a offshore Nigerian scammer may to in order to look legitimate and have an official address and maybe even a receptionist to answer the phone.

This individual does a lot of things to conceal their true location. Using virtual offices is one of them.

 

[ApolloLordofSpace]

Company in litigation is representing themselves as located that virtual office.
If I read this correctly, the company, not an individual, is representing itself? Not legal in Nevada, a company, that is not a sole proprietorship, must be represented by an attorney.

Since its a virtual office, who knows where he is actually located. That act seem to be more federal then state issue.

 

[ApolloLordofSpace]

You can serve the subpoena on the data storage company. The data storage company is not the person/company you are suing but a third party who stores documents for the person/company you are suing. And you can serve a second subpoena on the person/company you are suing.

A subpoena is a command. It can be a command to produce documents (like bank statements), electronically stored information (like emails) or it can command the production of tangible things (like regular mail, physical journals).

The subpoena can require either the inspection of documents and the copying documents or both.

Are you suing both the owner of a company and the company as a whole? Is it a sole proprietorship?

The company is a pyramid scheme. He is on top of the pyramid but I don't think that lower down people are considered employees. The company is just the 1 guy if you don't count the lower down people on the pyramid.

 

[Taxing Matters]

Since its a virtual office, who knows where he is actually located. That act seem to be more federal then state issue.

There is nothing automatically illegal about using a virtual office set up. And depending on the type of business he does, he may not even really need a physical office location. What kind of entity is the business – a LLC, corporation, or what?

I'm certainly not seeing any federal issues from what you have said so far.

The company is a pyramid scheme.

A true pyramid scheme is a fraud crime. You can report that to the police. If it's just a multiple level marketing deal, that might not be a pyramid scheme, though most of them are loser business opportunities for most that sign up for them.

 

[quincy]

What is the reason for the lawsuit?

What are you hoping to learn from the subpoenaed documents?

 

[ApolloLordofSpace]

When a company outsources an entire department to a 3rd party.

Is that 3rd party subject to the same subpoena as if they were the company being sued(like an extension of that company) or can this be used to shield incriminating documents/activity?

Some companies might just have a single owner but company has a lot of outsourced parts working together to product a product or service.

Thanks.

 

[Zigner]

@ApolloLordofSpace - please answer the questions posted by quincy, quoted below.

What is the reason for the lawsuit?

What are you hoping to learn from the subpoenaed documents?