Donna is in Rachel's office, giving her a hard time about losing Norma's birthday card. Given that we've never seen Norma either, even though she's Louis's assistant, I wouldn't sweat it, but Donna lays into Rachel pretty hard over it.
Walking back to his office, Harvey tells Mike to start the emancipation paperwork, saying there's a 90 percent chance Marco's dad will back down once things are in motion. And if he doesn't, well, the client's still happy. Mike is balking at breaking up a family to get paid, saying his last conversation with his own dad was a fight, before he died when Mike was eleven. Harvey impatiently gives Mike an out: "If you don't want him to do it, change his goddamn mind. Now go." Mike goes. On his way out, he goes past a distracted Donna just before Rachel stomps up with the "goddamn birthday card" and telling Donna, "I don't know what crawled up your ass today, but I take care of my business." Donna apologizes and says it's about her, not Rachel. "Okay," Rachel says. Left alone -- she thinks -- Donna takes the file out of her locked drawer, unaware that Mike is still lurking in the background.
When Donna gets back to the shredder in the file room, nothing happens when she turns it on. "I unplugged it," Mike says dramatically, detaching himself from the shadows like some kind of anti-shredding assassin. "And this time I'm not stopping you by accident." He's figured out exactly what's up. Donna blusters, but finally admits, "I don't know what to do." Mike argues that they have to tell Harvey about the document, but Donna says nobody will believe she didn't bury it on Harvey's orders. He says shredding it would be a crime. "Like practicing law without a license is a crime?" Donna pokes. She says she didn't do it on purpose, unlike him, and that she's protecting Harvey. Mike insists that Alison Holt is going to figure it out, and she's not going to protect Harvey, but the firm. "You might be comfortable putting Harvey in that position, but I'm not. So either you tell him or I will." He returns the file to her and rides his high horse on out of there.
Donna sneaks nervously into Harvey's office, and after some time-killing business about her annual request for Halloween off, Donna seriously says she needs to tell him something. Harvey has less than a second to register the abruptly heavy mood before Hardman and Alison come in to yell at Harvey for contacting the plaintiff. And now there's a subpoena for the firm, and Alison says that Travis Tanner is going to depose everyone in the office under oath. With the blithe confidence borne of blissful ignorance, Harvey says to let Tanner knock himself out, and offers to be pre-deposed right now. And when Alison says that's covered, he invites them to start with Donna. Oops.