In-House Attys Need Doc Access To Fight FTC, Coal Cos. Say

Law360 (March 24, 2020, 6:35 PM EDT) -- Arch Coal Inc. and Peabody Energy Corp. pressed a Missouri federal judge Monday to grant senior in-house counsel access to third-party material that they said is essential to fighting the Federal Trade Commission's challenge to their planned joint venture.

In supplemental briefs mandated by the court, the coal companies argued that the current protective order governing discovery in the case, in which the FTC is seeking a preliminary injunction against the joint venture while an administrative case moves forward, “severely impairs” their ability to participate meaningfully in the case because the existing order “prohibits anyone” in the firms from getting a...

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