2026 - Volume 2 - Summer - Flipbook - Page 1
ASSOCIATION OF BUSINESS TRIAL LAWYERS
abtl
Volume XXVII No. 2
Report
ORANGE COUNTY
Summer 2026
Q&A with the Honorable Terri Flynn-Peister
Enforcing Third-Party Discovery Subpoenas in Arbitration
[Editor's Note: Judge Flynn-Peister currently serves as the Assistant Presiding
Judge for the Orange County Superior
Court. She was appointed to the Orange
County Superior Court in 2012 by Governor Jerry Brown. Judge Flynn-Peister
previously supervised the Felony Panel
after serving as a panel member for four
years and led the West Justice Center
from 2018 to 2020. From 2019 to 2021
she was the Assistant Presiding Judge of
the Appellate Division as well. Prior to her appointment to the
bench, she began her career as an associate with Latham &
Watkins LLP before serving as an assistant U.S. Attorney for
nearly 12 years in the Central and Southern districts of California. Judge Flynn-Peister serves on the Executive, Finance, and
Technology committees and oversees the Pretrial Assessment
and Release Services Program. Judge Flynn-Peister joined the
ABTL Board of Governors in 2026. Please note that this interview has been edited for length and clarity.]
Arbitration offers many benefits for clients – it is often
more efficient, flexible, confidential, and less costly than litigating in court. In advising clients whether to enforce their
contractual right to arbitrate or litigate in court, lawyers
should also assess whether third-party discovery is necessary
to prove their clients’ claims or defenses. This is an important consideration because an arbitrator’s authority to enforce third-party discovery subpoenas can vary by applicable
statute and across jurisdictions.
By Carl Cotroneo
Q: Prior to your time as a Judge, what are some of
the skills or qualities you gained as an Assistant
U.S. Attorney, specifically prosecuting Orange
County gangs, that you now bring to the bench?
-Continued on page 4- IN THIS ISSUE Q&A with the Honorable Terri Flynn-Peister
by Carl Cotroneo .........................................................Pg. 1
Enforcing Third-Party Discovery Subpoenas in
Arbitration by Chris Wang ........................................Pg. 1
President’s Message by Charity Gilbreth...................Pg. 2
Things We Wish We Knew as Junior Litigation
Associates by Hon. Karen E. Scott and
Hon. Deborah C. Servino .............................................Pg. 3
Antitrust and M&A Lessons from Two Settlements and
a Litigation: Hewlett Packard Enterpirses/Juniper,
Live Nation/Ticketmaster, and Paramount Skydance/
Warner Brothers Discovery by John Shu ..................Pg. 3
YLD Update by Katie Rosoff, Michael Mosher
and Taylor Brown.........................................................Pg. 4
Thank You to Our Sponsor: JAMS.............................Pg. 12
By Chris Wang
While arbitrators have authority to compel third parties to produce evidence at an
arbitration hearing under the California
Arbitration Act (
