FACEBOOK, INC. v. PEPE

No. 19-SS-1024.

241 A.3d 248 (2020)

FACEBOOK, INC., Appellant, v. James PEPE, Appellee, and United States, Intervenor.

District of Columbia Court of Appeals.

April 15, 2020.


Attorney(s) appearing for the Case

Joshua S. Lipshutz , with whom Naima L. Farrell , Aaron Smith , John K. Roche , Ariel Glickman , Washington, DC, Michael J. Holecek , of the bar of the State of California, pro hac vice, by special leave of the court, and Thomas F. Cochrane , Los Angeles, of the bar of the State of California, pro hac vice, by special leave of the court, were on the brief, for appellant.

William Collins , Public Defender Service, Atlanta, with whom Samia Fam , Mikel-Meredith Weidman , and Jaclyn S. Frankfurt , Public Defender Service, were on the brief, for appellee.

Andrew W. Laing , Attorney, Appellate Section, Criminal Division, United States Department of Justice, with whom Brian A. Benczkowski , Assistant Attorney General, John P. Cronan , Principal Deputy Assistant Attorney General, Matthew S. Miner , Deputy Assistant Attorney General, Criminal Division, United States Department of Justice, and Nathan P. Judish , Attorney, Computer Crime and Intellectual Property Section, Criminal Division, United States Department of Justice, were on the brief, for intervenor.

Before GLICKMAN and FISHER, Associate Judges, and NEBEKER, Senior Judge.


Appellant Facebook, Inc. (Facebook) filed an expedited appeal from an order holding it in civil contempt for refusing to comply with an ex parte subpoena served by appellee James Pepe, and from a related order directing Facebook not to disclose the existence of the subpoena to any person or entity other than its...

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