Look and Listen: How To Conduct Effective Pre-Litigation Investigations
In short, if you are not conducting a robust pre-litigation investigation of any major case, you are handicapping yourself before you begin. Such work is productive, cost-effective and a force multiplier if done correctly.
March 29, 2024 at 10:00 AM
8 minute read
In 2013, I received a call from a Washington Post reporter about an insider trading indictment that had just been unsealed in the U.S. District Court for the Southern District of New York (SDNY) against a major New York hedge fund we had sued eight years earlier alleging, among other things, the very conduct that was the subject of the indictment. The reporter said, "there are paragraphs in this indictment that read verbatim like they are from your complaint. How did you know this seven years ago?" The answer was simple: "We looked and listened."
I explained that we had conducted an extensive year-long pre-litigation investigation that generated witness accounts and additional evidence of insider trading and other market abuses we ultimately alleged. And it was no coincidence that the same hedge fund and facts became the target of a lengthy FBI and grand jury investigation and subsequent SDNY indictment and conviction: we brought that evidence to them. Of course, the government needed to conduct its own, far more extensive investigation aided by grand jury subpoenas and FBI resources to make a federal criminal case, but it all began with a presentation of our investigative findings to the FBI and SDNY.
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J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
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