Word: subpoena
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...University recently rebuffed the efforts of the tobacco industry to subpoena a half-century of Harvard research records...
According to University Attorney Diane E. Lopez, Harvard received a legal notice this fall from the industry’s lawyers asking for all the records from any federally funded scientific research involving smoking within the last 50 years. The subpoena also asked for documents on 54 specific research projects conducted by the University since...
However, the subpoena is part of the tobacco industry’s defense efforts against the ongoing lawsuit filed by the U.S. Department of Justice in the fall of 1999. The suit seeks billions of dollars in damages from the companies to reimburse the government for its expenditures on smoking-related health care costs...
...letter last month responding to the subpoena, Harvard’s attorneys argued that releasing the information would violate the First Amendment rights of researchers—particularly the rights of confidentiality of researchers and research subjects...
Lopez noted that the U.S. Court of Appeals for the First Circuit accepted such an argument in a 1998 case rejecting a subpoena of research records by Microsoft. In that case, the software giant had sought records from David B. Yoffie, Starr professor of international business administration at Harvard Business School, and MIT Professor Michael A. Cusumano, to defend itself in the federal government’s anti-trust lawsuit...