Companies are increasingly facing parallel proceedings involving government investigations and follow-on private litigation. These complex cases often involve competing interests between the parties that can influence a judge’s determination on discovery timing and process.
- Private plaintiffs are incentivized to obtain as much information about the case as early as possible to support their allegations and avoid having the case dismissed on summary judgment.
- Defendants hope to delay, or save altogether, the expenditure of potentially millions in discovery costs.
- The government has a strong interest in preserving the confidentiality and integrity of their investigation without interference from civil plaintiffs.