On Dec. 1, Rule 408 of the Federal Rules of Evidence willbe amended to allow “conduct or statements” made duringsettlement negotiations with government regulatorsto be used against a defendant in a subsequent criminalprosecution.[FOOTNOTE 1] The new rule has the potential to significantly changethe manner in which defense counsel interact with regulators when negotiating settlements.
In its current form, Rule 408 provides a level of protection for settlementdiscussions between all civillitigants. In pertinent part, the ruleprohibits the admission of evidencederived from compromise negotiations,offers to compromise and evidence”of conduct or statementsmade in compromise negotiations”in order to prove liability or invalidityof a claim.[FOOTNOTE 2]
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
