Uncovering Through Discovery

Roy Shapira & Luigi Zingales, Is Pollution Value-Maximizing? The DuPont Case, NBER Working Paper No. 23866 (2017).

Sergio J. Campos

Courts, practitioners, and scholars have recently focused on discovery costs in civil litigation. This produced recent amendments to the Federal Rules of Civil Procedure emphasizing that discovery requests be “proportional” rather than excessive. But this focus has ignored the fact that the information sought in discovery about the defendant’s liability is often consciously created by the defendant’s compliance measures before any […]