This new edition of the Antitrust Discovery Handbook reflects the impact of the significant changes made to the Federal Rules of Civil Procedure in 2001 on discovery in antitrust cases. It also greatly expands the discussion of both the scope of discovery and practical approaches to gaining discovery in an antitrust case, as well as the challenges in obtaining and defending electronic discovery. The Handbook incorporates parts of the first edition in the sample discovery section contained in Chapter VIII. These sample discovery requests cover such areas as general definitions and instructions; general discovery; horizontal, per se violations (15 U.S.C. [UNK] 1); vertical distribution discovery; monopolization and exclusionary practices; the Robinson-Patman Act (price discrimination); Section 7 of the Clayton Act (acquisition and mergers); the statute of limitations and doctrine of fraudulent concealment; subject matter jurisdiction under the federal antitrust laws (interstate commerce requirement); request for admissions; and sample discovery to obtain electronic evidence. Papers from a CLE program entitled Discovery in Antitrust Litigation - sponsored by the American Bar Associati

Procedural remedies for controlling and expediting complex litigations.

This new edition of the Antitrust Discovery Handbook reflects the impact of the significant changes made to the Federal Rules of Civil Procedure in 2001 on discovery in antitrust cases.

Provides practitioners with a quick reference source on evidentiary issues that arise principally, although not exclusively, in antitrust cases.

The recent Supreme Court decision in Bell Atlantic v. Twombly stands at the crossroads of antitrust and civil procedure. As an antitrust case, Twombly makes sense on structural grounds. The FCC regulation of the telecommunications industry, and the many innocent explanations as to why each telecommunications company would stay out of its rival's territories obviated the need for further discovery. But in many other contexts, including Conley v. Gibson - case involving potential breach of the duty of fair representation on matters of racial discrimination - discovery could flesh out the relevant factual issues. The Supreme Court's general disapproval of Conley sweeps far too wide. Discovery should only be denied when the plausible inferences that can be drawn from the complaint and publicly available evidence clearly imply further discovery is of little value. Accordingly, the Federal Rules of Civil procedure should explicitly acknowledge that in a small set of cases motions on the pleadings can properly function as truncated and disguised motions for summary judgment.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.