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Roundtable-Class Action

Apr. 1, 2011

Global Reach

The defense bar cries foul after prosecutors use grand jury subpoena power to gather evidence compelled in civil litigation against foreign companies.


Officials in the Department of Justice antitrust division have learned how to walk on water--or so it must seem to corporate defense counsel. Without ever getting their feet wet, prosecutors are using the power of the federal grand jury subpoena to retrieve documents compelled from foreign defendants in civil discovery.

The antitrust division's first successful foray came in a long-standing criminal...

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