Edward M. Spiro and Christopher B. Harwood Protective Orders Provide Only Illusory Protections to Civil Litigants With Potential Criminal Exposure
For civil litigants whose conduct has criminal implications, a substantial risk exists that the materials will find their way into the hands of a government prosecutor. In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood explore the issue in the context of the recent decision in 'United States v. Maxwell'.
August 16, 2021 at 12:45 PM
10 minute read
Civil litigants frequently produce documents and provide testimony pursuant to protective orders with the expectation that, thereafter, they will be able to prevent the materials' public disclosure. A substantial risk exists, however, that the documents or testimony will later be made public, especially if they are used in connection with court proceedings. For civil litigants whose conduct has criminal implications, a separate but equally substantial risk exists that the materials will find their way into the hands of a government prosecutor.
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