APPEAL OVER ACCESS TO FOREIGN DOCUMENTS TESTS GRAND JURIES’ POWER TO IGNORE PROTECTIVE ORDERS

NJ Law Journal Reports:

White & Case lawyers in Washington, backed by pro-business and criminal defense advocacy groups, are urging the U.S. Supreme Court to overturn an appeals court ruling that gave federal prosecutors access to foreign documents usually outside the reach of grand jury subpoenas. U.S. Department of Justice prosecutors, investigating price-fixing in the liquid crystal display panel market, served grand jury subpoenas on four law firms, including White & Case, involved in parallel civil and criminal proceedings in federal district court in San Francisco. A district judge quashed the subpoenas but the Ninth Circuit reversed, ruling that the subpoenas trumped the civil protective order in the related class action. Circuit courts are divided over whether grand jury subpoenas always override protective orders, and White & Case wants the Supreme Court to establish a clear path for federal trial judges.

Do you make these mistakes when serving a subpoena?

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About Lawrence "Larry" Berezin

I retired from the private practice of law after a 35-year legal career and fight parking tickets for people like you and me. I love sharing valuable information, tips and tricks to help drivers beat NYC parking tickets.

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