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Fifth Amendment Stays

Schwabe, Williamson & Wyatt PC

Two Separate Lawsuits Challenge the Federal Trade Commission

Two separate lawsuits have challenged the Federal Trade Commission’s ban on non-compete ‎provisions and agreements: Chamber Of Commerce Of The United States Of America et al. v. ‎Federal Trade Commission et al., Case No....more

K&L Gates LLP

HUB Talks: Voluntary Disclosure: Special Edition - Staying Out of Trouble

K&L Gates LLP on

Mike McKay and Aaron Millstein discuss staying a civil case when there is a parallel criminal investigation or prosecution, the factors courts consider in whether to grant a stay, and some of the strategic considerations...more

Morris James LLP

Chancery Adopts Federal Test to Determine Whether to Stay a Civil Case Based on a Criminal Investigation

Morris James LLP on

Neither the Delaware Supreme Court, nor other Delaware state courts have “articulated a specific test” to analyze whether to stay a civil case based on the pendency of a criminal case or investigation. The federal courts...more

Ward and Smith, P.A.

A Parallel Universe: Navigating Discovery in Concurrent Civil and Criminal Proceedings

Ward and Smith, P.A. on

As criminal law has expanded into almost every sector of the American economy, one byproduct is the rise of "parallel proceedings"—lawsuits that proceed concurrently in criminal and civil court based on largely the same...more

Haight Brown & Bonesteel LLP

For Whom the Bell Tolls - Only a Complete Litigation Stay Extends the Five Year Rule For Bringing a Case to Trial

On February 25, 2016 the Supreme Court of California in Gaines v. Fidelity National Title Insurance Company, et al. (Court of Appeal B244961, Superior Court Case BC361768), affirmed the lower courts’ holdings that a partial...more

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