Bird Marella prevailed in a dispute with the US Department of Justice regarding a subpoena to the firm’s client, the Los Angeles Angels, in which DOJ sought records of Bird Marella’s internal investigation and other material. U.S. District Judge Terry Means for the Northern District of Texas criticized the government for its improper subpoena to the Angels in advance of a trial related to the death of former Angels pitcher Tyler Skaggs.
Quoting from Bird Marella’s filings, the Court held that the evidence submitted demonstrated that the Angels had cooperated with the government’s investigation in every respect, withholding only documents subject to the attorney-client and work product privileges. The Court Order stated, “When the government’s speculation is juxtaposed against the declaration presented by [Bird Marella Principal Nicole] Van Dyk, the government’s failure to meet its Rule 17(c) burden is glaring.”
Principals Ariel Neuman and Nicole Rodriguez Van Dyk and associates Oliver Rocos and Naomi Solomon lead the Angels’ defense team. Bird Marella has been lead counsel for the Angels in all matters related to the death of pitcher Tyler Skaggs, including the referenced internal investigation and two pending civil lawsuits filed by the Skaggs family. Read more about the case in Los Angeles Times here and in Law360 here (subscriptions required).