24 Cited authorities

Baxter v. Palmigiano
425 U.S. 308 (1976) Cited 2,604 times 8 Legal Analyses
Holding that a party’s refusal to testify in response to probative evidence offered against it in a civil action permits an adverse inference
Landis v. North American Co.
299 U.S. 248 (1936) Cited 8,271 times 6 Legal Analyses
Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"
United States v. Kordel
397 U.S. 1 (1970) Cited 764 times 6 Legal Analyses
Holding the United States Food and Drug Administration's routine investigation was not done solely to obtain evidence supporting criminal charges
Louis Vuitton Malletier S.A. v. LY USA, Inc.
676 F.3d 83 (2d Cir. 2012) Cited 469 times 2 Legal Analyses
Holding that an "award of attorney's fees is available under 1117 in 'exceptional' cases even for those plaintiffs who opt to receive statutory damages under 1117(c)"
Trustees of Plumbers Pen. v. Transworld
886 F. Supp. 1134 (S.D.N.Y. 1995) Cited 256 times 1 Legal Analyses
Holding in May of 1995 that "the Criminal Case should be completed by the end of this year, which would not unreasonably prolong this case"
Kashi v. Gratsos
790 F.2d 1050 (2d Cir. 1986) Cited 197 times
Holding that although "the Constitution . . . does not ordinarily require a stay of civil proceedings pending the outcome of criminal proceedings . . . a court may decide in its discretion to stay civil proceedings"
United States v. Percevault
490 F.2d 126 (2d Cir. 1974) Cited 261 times
Holding that court cannot compel pretrial production of Jencks material
Campbell v. Eastland
307 F.2d 478 (5th Cir. 1962) Cited 285 times 1 Legal Analyses
Holding that allowing civil discovery during a criminal investigation would create "an open invitation to [parties] under criminal investigation to subvert the civil rules into a device for obtaining pre-trial discovery against the Government in criminal proceedings"
S.E.C. v. Nicholas
569 F. Supp. 2d 1065 (C.D. Cal. 2008) Cited 43 times
Finding that the defendant's argument that the Government's request for a stay is inconsistent with the institution of parallel proceedings "overlooks the important purpose of the SEC to protect the integrity of the public markets and ensure truthful corporate disclosures"
Volmar Distributors, Inc. v. New York Post Co., Inc.
152 F.R.D. 36 (S.D.N.Y. 1993) Cited 70 times 1 Legal Analyses
Granting complete stay of civil proceedings pending outcome of parallel criminal prosecutions in part to "avoid duplication of effort and unnecessary litigation costs"
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 94,916 times 653 Legal Analyses
Adopting Fed.R.Civ.P. 37
Section 2 - Principals
18 U.S.C. § 2 Cited 23,764 times 57 Legal Analyses
Holding aiders and abettors punishable as principals under federal criminal law
Section 3500 - Demands for production of statements and reports of witnesses
18 U.S.C. § 3500 Cited 5,363 times 6 Legal Analyses
Requiring the government to produce "any statement," including testimony provided before the grand jury, only after the witness has testified on direct examination at trial

Securities and Exchange Commission v. Mimedx Group, Inc.

24 Cited authorities

Holding that a party’s refusal to testify in response to probative evidence offered against it in a civil action permits an adverse inference

Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"

Holding the United States Food and Drug Administration's routine investigation was not done solely to obtain evidence supporting criminal charges

Holding that an "award of attorney's fees is available under 1117 in 'exceptional' cases even for those plaintiffs who opt to receive statutory damages under 1117(c)"

Holding in May of 1995 that "the Criminal Case should be completed by the end of this year, which would not unreasonably prolong this case"

Holding that although "the Constitution . . . does not ordinarily require a stay of civil proceedings pending the outcome of criminal proceedings . . . a court may decide in its discretion to stay civil proceedings"

Holding that court cannot compel pretrial production of Jencks material

Holding that allowing civil discovery during a criminal investigation would create "an open invitation to [parties] under criminal investigation to subvert the civil rules into a device for obtaining pre-trial discovery against the Government in criminal proceedings"

Finding that the defendant's argument that the Government's request for a stay is inconsistent with the institution of parallel proceedings "overlooks the important purpose of the SEC to protect the integrity of the public markets and ensure truthful corporate disclosures"

Granting complete stay of civil proceedings pending outcome of parallel criminal prosecutions in part to "avoid duplication of effort and unnecessary litigation costs"

Adopting Fed.R.Civ.P. 37

Holding aiders and abettors punishable as principals under federal criminal law

Requiring the government to produce "any statement," including testimony provided before the grand jury, only after the witness has testified on direct examination at trial