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Justice Department Targets Foreign Documents in Antitrust Probe

05/20/2011 Compliance Week

Nossaman is mentioned in the Compliance Week article "Justice Department Targets Foreign Documents in Antitrust Probe" about the latest developments in the Department of Justice's probe into alleged price-fixing in the liquid crystal display panel market. The investigation has targeted Hitachi, LGPhillips, Sharp, Samsung, Panasonic, Toshiba, and others. While many companies have pleaded guilty, the antitrust investigation remains ongoing. Nossaman is cited in the story as one of four law firms to have been served with grand jury subpoenas, which included  requests for foreign documents under a civil protective order that were part of the firms' civil discovery.

The article discusses accusations by pro-business and criminal defense advocacy groups that the "Department of Justice is overreaching its subpoena power by using an aggressive new tactic to retrieve foreign documents for use in criminal antitrust proceedings." The story notes that "historically, foreign documents fall outside the scope of grand jury subpoenas, but the Justice Department is arguing that those documents are fair game once they enter the United States."

The matter is expected to ultimately make its way to the U.S. Supreme Court.

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