Civil Litigation,
Criminal,
Corporate
Jul. 22, 2019
Taking the Fifth and parallel criminal and civil proceedings
Given the impact that “taking Five” can have in parallel civil and criminal proceedings, a working knowledge of its application in the relevant civil forum is an indispensable part of the civil trial lawyer’s strategic toolkit.
Joshua M. Robbins
Shareholder and Chair of White Collar and Investigations Practice
Buchalter
Phone: (949) 224-6284
Email: JRobbins@buchalter.com
Former Theranos president Sunny Balwani, currently facing simultaneous Department of Justice criminal and Securities Exchange Commission civil charges, has chosen to roll the dice, successfully opposing the government's request to stay the SEC case and allowing the two matters to proceed in parallel. This will afford Balwani an opportunity to obtain broader discovery from the government than in the usual criminal case. But it will also present a conundrum when it come...
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