January Antitrust Bulletin - January 20, 2012

Government Not Required to Identify Exculpatory Evidence in Discovery

On Dec. 23, 2011, a district court denied a motion to compel filed by defendants in ongoing litigation regarding alleged price fixing in the market for liquid crystal display panels used in computers and televisions. Defendants had sought to require the government to identify where in the voluminous discovery produced certain exculpatory material exists, arguing that the government had failed to comply with its obligations under Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972). But the court ruled that the government has no obligation to affirmatively identify particular pieces of exculpatory evidence, nor is it required to produce internal communications relating to plea negotiations absent a separate basis for disclosure.