Jones Day v. Orrick, Herrington & Sutcliffe

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JONES DAY, No. 21-16642 Petitioner-Appellant, D.C. No. v. 4:21-mc-80181-

JST

ORRICK, HERRINGTON & SUTCLIFFE,

LLP; MICHAEL D. TORPEY;

MITCHELL ZUKLIE, OPINION

Respondents-Appellees.

Appeal from the United States District Court for the Northern District of California Jon S. Tigar, District Judge, Presiding

Argued and Submitted February 10, 2022 San Francisco, California

Filed August 1, 2022

Before: Kim McLane Wardlaw, Sandra S. Ikuta, and Bridget S. Bade, Circuit Judges.

Opinion by Judge Wardlaw JONES DAY V. ORRICK, HERRINGTON & SUTCLIFFE

SUMMARY *

Arbitration / Summonses

The panel reversed the district court’s order denying Jones Day’s petitions to compel Orrick, Herrington & Sutcliffe, LLP, to comply with an arbitrator’s subpoena requiring two Orrick partners to appear at a hearing in an international arbitration conducted pursuant to Chapter Two of the Federal Arbitration Act.

First, the panel held that the district court had subject matter jurisdiction over the action to enforce arbitral summonses issued by the…