Grand Jury Subpoena Vs. Civil Discovery Protective Order

Law360, New York (July 6, 2011, 3:30 PM EDT) -- On June 27, 2011, the United States Supreme Court decided not to take up an issue of critical importance to all antitrust practitioners.

Suppose you represent a company located overseas that is the subject of a grand jury investigation and civil class actions arising from alleged price-fixing. The grand jury has subpoenaed documents held by the company in the U.S. (and presumably is proceeding with international discovery through multilateral and bilateral agreements) and the civil plaintiffs are pursuing documents under civil discovery rules.

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