(1) Whether, as the Sixth Circuit held, Rule 45(d)(2)(B)(ii) entitles a non-party to recover all "significant fees" it incurs (including attorney fees) for responding to a subpoena where the fees were incurred by the non-party before a court order compelling compliance with the subpoena or whether, as the Fourth Circuit and district courts in the Third, Fourth, Ninth, and DC Circuits have correctly held, a non-party may only recover reasonable costs that were incurred after the non-party is compelled to respond to a subpoena by court order.

(2) Whether Rule 45(d)(1) allows sanctions to be imposed against an attorney issuing a subpoena in the absence of a finding of bad faith by the attorney and where the court enters an order for full compliance with the subpoena over the recipient's objections.

Whether a non-party subpoena recipient is automatically entitled to recover significant expenses incurred in responding to a subpoena before a court order compelling compliance