We received a subpoena for records on a commercial client, from a federal government agency. We did not notify this client at the time of receipt. Since then, they became aware that we "allegedly" received through discussion with their lender. Now, they are requesting that we provide them with a copy of the document we received. We reached out to the issuing agency to see if they provided notice, and they shared they typically do not send notice to the recipient. RFPA does not apply. This is not a grand jury subpoena, nor does it indicate that we shouldn't share the existence of the subpoena. Should we share any information on this?

What agency are you talking about?

National Labor Relations Board. They are not exempt from RFPA, but the subpoena was not on an individual, or partnership of 5 or fewer individuals.

Then I would do two things. Direct their inquiry to your legal counsel and fire the loan officer if you determine that they are the ones that told them, regardless of whether the subpoena required confidentiality.

i believe that randy left off "and also fire the person that told the loan officer that had no business knowing of the subpoena in hte first place" if you determine that the loan officer did tell.

Do you really think the lender knew the difference on the subpoena?

https://www.arnoldporter.com/en/per...riminal-sentence-provides-stark-reminder

And I don't recall the name or exact circumstances, but a few years back Mary Beth interviewed a banker who revealed a subpoena to a customer. The customer got off of whatever he was being investigated for, but the banker went to jail.

When we receive a subpoena and it says, "you are commanded to provide to the court on or after 10 days following receipt of this subpoena" is this 10 business days or 10 days from the date we received the subpoena including weekends and holidays?

Depends on State or the law under which the subpoena is issued. Usually, it is calendar days unless otherwise specifically identified.