Parallel Proceedings: To Stay Or Not To Stay?

Law360, New York (April 6, 2010, 4:09 PM EDT) -- More and more frequently, the government is engaging in the practice of simultaneously filing both a criminal indictment and a securities enforcement action, and then immediately seeking a stay of the latter. The U.S. Department of Justice contends that such stays are necessary in order to prevent defendants from abusing the civil discovery process to obtain information unavailable in the criminal proceedings.

Defense counsel often assume that a government requested stay will be granted. But a number of courts have denied such stays. Thus counsel should...
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