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"It may help to oppose discovery stay in parallel proceedings" by David S. Krakoff, Adam Miller, and Bradley A. Marcus (Law360)


David S. Krakoff, Adam Miller, Bradley A. Marcus

Representing a client in parallel civil and criminal proceedings is fraught with peril at every strategic turn. Decisions in each case can significantly affect the other, often in unpredictable ways. One piece of conventional wisdom for attorneys representing such clients is to support motions by the government to stay discovery in the civil action pending resolution of the criminal case. However, the orthodox approach isn’t always the right one, and there are circumstances in which it may be wise to oppose a stay of civil discovery despite an ongoing criminal investigation of your client.

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