Articles

12.02.22

How 6th Circ. Flint Ruling Adds To 5th Amendment Case Law

Manatt Litigation Partner Ronald Blum and Associate Rebecca Kimmel wrote an article for Law360 about the right of a witness both to testify and invoke the Fifth Amendment privilege against self-incrimination in the same litigation, analyzing a recent Sixth Circuit decision that explores this novel ...


02.12.19

Does Brady Extend to Private Lawyers, Foreign Investigators?

“More than 50 years ago, the state of Maryland convicted John Brady of murder without disclosing that Brady’s colleague had already confessed to the same homicide. Today we find such conduct shocking and contrary to a prosecuting office’s duty to ensure ‘not that it shall ...


07.13.15

Parallel Proceedings in Southern District: Are They 'Related'?

More and more, defendants find themselves in two-front, or multi-front, fights: Federal prosecutors bring criminal charges, while another agency, or a civil component of the Department of Justice, brings a related civil proceeding. Private parties may bring parallel cases, whether shareholder suits ...


06.23.14

Brady Obligations of Civil Investigators

In February, after a four-week trial, a jury in the Southern District of New York convicted Mathew Martoma of three counts of insider trading and conspiracy. The case attracted attention because it adds to the list of recent insider trading convictions in the Southern District and because Martoma ...


04.24.12

Can Pandora's Box Be Closed? Asserting a Corporation’s Attorney Client Privilege Against Its ...