The subpoena was described by Fallon’s attorney as an “unwarranted fishing expedition for irrelevant material.”

Ryder Ripps’ subpoena was quashed on Monday by Jimmy Fallon’s “The Tonight Show” host’s legal team, who referred to the action as an “unwarranted fishing expedition for irrelevant material.”
Fallon is not a party to Yuga Labs’ lawsuit against Ripps and Jeremy Cahen, who works with Ripps. Yuga Labs filed a lawsuit against the pair in June 2022 alleging trademark infringement, false advertising, and unfair competition in connection with the creation of a copycat NFT collection that imitated Yuga’s well-known Bored Ape Yacht Club non-fungible tokens.

The New York judge in charge of the case disagreed, describing Ripps and Cahen’s collection as “no more artistic than the sale of a counterfeit handbag.” Ripps and Cahen claimed that their collection was satirical art and therefore shielded from claims of trademark infringement.

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Fallon is a co-defendant in a separate class-action lawsuit brought in California against Yuga Labs and a number of celebrity promoters, even though he isn’t a named party in the lawsuit between the two men and Yuga Labs. The lawsuit alleges that the Bored Apes were “misleadingly promoted” and caused the defendants financial harm.
Similarly, Ripps and Cohen’s defense in their separate suit rests on an assertion of Yuga Labs’ “unclean hands,” alleging that the company engaged in “various unlawful activities associated with the sale and promotion of BAYC NFTs including Yuga’s misuse of BAYC NFTs as securities, undisclosed compensation for endorsements from celebrities, and/or unlawful acts directed towards the defendants.

Fallon has been asked to provide information about “Yuga’s collaboration with third parties aimed at popularizing BAYC NFTs” and “any agreements… in which a BAYC NFT is given, exchanged, or sold to a celebrity, influencer, or any other public person.” On two occasions, Fallon brought up his own Bored Ape on “The Tonight Show.”
Dana Seshens, Fallon’s attorney, argued that the motion should be denied because it places an undue burden on Fallon and because Yuga Labs and its alleged agent, Hollywood talent agent Guy Oseary, who was charged in the class-action lawsuit with mediating between celebrities and Yuga Labs, have already been asked for the same documents and information.

Because the subpoena was signed by Ripps and Cahen’s attorney, who “apparently is neither admitted to practice law in New York, Vermont, or Connecticut, nor admitted to the bar of the Southern District of New York,” Seshens claimed that it was procedurally improper.
Sehens stated that courts in this district and elsewhere have acknowledged that this flaw alone makes a subpoena fatally deficient on its face.