DOJ Stays Are Often Unfair To Private Antitrust Plaintiffs

How Department of Justice (DOJ) discovery stay policy during criminal proceedings can be unfair to private antitrust plaintiff claims.

March 03, 2014

Law360, New York (March 03, 2014, 4:37 PM ET) ‐‐ In recent years, the U.S. Department of Justice has increasingly sought and successfully obtained full or partial discovery stays of private litigation during the pendency of its criminal proceedings. While this growing trend does offer some additional safeguards to the secrecy and integrity of grand jury proceedings, it can also unduly interfere with the just and efficient adjudication of private antitrust claims.

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Kellie Lerner

Partner

Co-Chair, Antitrust and Trade Regulation Group;
Pronouns: she/her

Elizabeth Friedman

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