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Model Letter: Product Of Discovery

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U.S. Department of Justice Seal

Antitrust Division

  [Your address]

[The date]


[Company to whom letter is being sent]
[c/o general counsel]

Re: Civil Investigative Demand No. [the CID number]
Served Upon [Company to whom CID is being issued]
for Products of Discovery Obtained from [Company receiving the letter]

Dear [Attorney]:

Attached to this letter is Civil Investigative Demand ("CID") No. [CID number] being served by mail simultaneously herewith upon [company to whom CID is being issued], a [corporation; partnership; etc.] of [state of incorporation] with its principal place of business at [principal place of business address]. As you can see, paragraphs 1 and 2 of the Schedule accompanying the CID expressly demand that [company to whom CID is being issued] produce to us certain products of discovery obtained from you in connection with Case No. [case number] filed before the [court — ex. United States District Court for the Eastern District of Virginia, Alexandria Division], captioned [title of filed Case].

Please be advised that, pursuant to 15 U.S.C. §§ 1312(c)(2), this CID supersedes any inconsistent order, rule, or provision of law (other than in title 15, Chapter 34, United States Code) preventing or restraining disclosure of these products of discovery to any person, including any protective order that may heretofore have been entered in the litigation in which [company to whom CID is being issued] obtained these products of discovery.

This letter does not require any action on your part. Pursuant to 15 U.S.C. § 1314(c), however, you have the right to petition the district court of the United States for the judicial district in which the proceeding in which the discovery was obtained is or was last pending for an order modifying or setting aside the CID. Such a petition must be filed prior to [company to whom CID is being issued]'s compliance with the CID. Pursuant to 15 U.S.C. § 1312(b), [company to whom CID is being issued] is not permitted to comply with paragraphs 1 and 2 of the Schedule until 20 days after service of this notice upon you, but may comply at any time thereafter. The CID requests [company to whom CID is being issued]'s compliance not later than [compliance date stated on CID form].

If you have any questions regarding this matter, please feel free to call me at [your phone number].

  Sincerely yours,

[Your name]
[Your Title]
[Your Section]


cc: [if the company to whom you are sending the letter also happens to be a represented party in the matter for which the CID is being issued, you should cc: the letter recipient's outside counsel] (by facsimile)

Updated June 25, 2015

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