For decades, the government has sought, usually successfully, to stay discovery in civil cases, including SEC actions, when it is prosecuting a related criminal case. It has relied primarily on
Stays in Parallel Proceedings
Because discovery stays can benefit both the prosecution and the defense, each side will continue to request, or resist, them when the need arises. As a result, no significant change in discovery practice in parallel proceedings is likely to come from piecemeal litigation.
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