In In re American Nurses Ass’n., Nos. 15-1481, 15-1803 (4th Cir. Apr. 7, 2016), the Fourth Circuit affirmed a district court’s order requiring a party that issued a subpoena to pay for the costs of “e-discovery expenses” incurred by a non-party in responding to the subpoena. The district court’s order was based Federal Rule of Civil Procedure 45(d)(2)(B)(ii), which requires a court to protect non-parties from “significant expense resulting from compliance” with a subpoena. The district court held that cost-shifting was appropriate because the non-party “advised [the requesting party] that producing the requested discovery would entail significant expense” and that the requesting party “changed the scope of the requested discovery,” which increased the expenses. The Fourth Circuit affirmed the award on that basis. The Fourth Circuit additionally held that “attorney’s fees incurred by the non-party that are necessary to a discovery proceeding are expenses that may be shifted to the discovery-seeking party,” and affirmed an award of attorneys’ fees to the non-party on that basis.