Appendix 21. Civil Investigative Demand Letter

• Pages: 471-472

471

APPENDIX 21

CIVIL INVESTIGATIVE DEMAND LETTER

CID LETTER - appears at pages III 63 - 64 (fn 143) of the published

version of the 1998 Division Manual (page numbers are not identical on

Internet nor Intranet versions). You may delete paragraph 2 of the

following letter if the CID recipient has not requested notice before its

documents are used in a deposition and you have no reason to doubt that

he/she understands that documents can be used in CID depositions

without notice to the producing party.

* * *

Dear Mr./Ms. Lawyer:

In your letter of [Date] you requested additional assurances of

confidentiality beyond those provided in the Civil Investigative Demand

("CID") statute, 15 U.S.C. §§ 1311-1314, and the Freedom of

Information Act ("FOIA"), 5 U.S.C. §552, for documents called for by

the CID recently served upon [Company Name].

I cannot promise to notify you in advance if a document [Company

Name] provided will be used in a CID deposition of a witness not

affiliated with your client. The Division is authorized to use CID material

without the consent of the producing party in "connection with the taking

of oral testimony." It is, however, rare that we disclose a document in

such a manner. Although it is occasionally useful to use CID materials in

a deposition of a third party where the third party has already seen the

materials, or is at least generally aware of their substance, it is rarely

necessary to use CID materials in connection with a deposition of a third

party that is unfamiliar with the contents of those materials. Moreover,

the Division has an interest in seeing that competitors do not receive

access to each other’s confidential information, is sensitive to

confidentiality concerns, and does not unnecessarily reveal such

information.