Publications

08.17.21 | Articles, Books & Journals

Protective Orders and Civil Litigants With Potential Criminal Exposure

New York Law Journal

Civil litigants frequently produce documents and provide testimony pursuant to protective orders with the expectation that the order will prevent future public disclosure of these materials. However, for civil litigants whose conduct has criminal implications, a meaningful risk exists that the materials will find their way into the hands of a government prosecutor. In our latest article, “Protective Orders and Civil Litigants With Potential Criminal Exposure,” we discuss Southern District Judge Alison J. Nathan’s recent decision in United States v. Maxwell, rejecting Ghislaine Maxwell’s attempt to suppress evidence produced under a protective order.

Protective Orders and Civil Litigants With Potential Criminal Exposure (PDF | 203.99 KB)