Two NYU Law Students Have Emails Subpoenaed
By Jim Vassallo
A subpoena shows that a company of a New York University Law trustee wants two students to hand over their personal emails because they sent around a letter criticizing the trustee, according to DNAinfo New York.
The law students are Luke Herrine and Leo Gertner. Herrine is in his second year and Gertner is in his first year. The letter they circulated criticized NYU Law School trustee Daniel Straus. Straus owns Care One Management, which is a home health aide and nursing home company involved in a labor dispute.
The two men collected signatures on a letter that brought concerns about the treatment of workers at Care One Management. The letter spoke of violations filed by the National Labor Relations Board. The letter also asked the dean of the law school to meet with the students and discuss the problem.
The two said they were not expected to be brought into federal litigation between the health care company and the workers there who are unionized. The two said they were shocked when served with subpoenas from Care One Management at their homes during spring break.
"People want to be able to speak on campus about things that are important to them and this affects their ability to do so," Herrine said. The two men are receiving representation from a lawyer being paid by NYU. The lawyer plans to file a motion against the subpoenas next week.
"This makes them scared."
The subpoenas asked for all of the emails and drafts belonging to Herrine and Gertner that talk about Care One Management and Straus.
The news of the subpoenas created outrage at the school and a petition that demands Straus withdraw them and issue an apology. There are more than 500 signatures on the petition so far, all from NYU students, faculty and alumni.
"Forcing students to turn over emails and other private communications in litigation that does not concern them can chill free speech on campus and make students think twice about raising their voice about controversial issues," the petition reads.
"This is antithetical to NYU's mission of open academic inquiry and commitment to the public interest."
Straus did not comment on the issue.
A spokeswoman for Straus' company said that Gertner and Herrine are not "the target of the lawsuit," they believe "the individual students possess relevant evidence and a subpoena is the legal vehicle to obtain the relevant information."
"We understand that the students have retained council and we are hopeful to be able to obtain the relevant information in a cooperative manner with as little inconvenience to the students as possible," added Deborah Keller Maxson of Prism Public Affairs, which represents Care One Management.
A statement from the school aid, “The Law School is not a party to the litigation between Care One and SEIU, and will remain uninvolved in it. We vigorously support the right of our students to express their views and to organize and participate in lawful demonstrations and other protest activity, at the same time that we acknowledge that parties to litigation are permitted, subject to applicable rules and judicial oversight, to gather evidence in support of their case."
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