A PYMNTS Company

The Hearing May be Virtual, But The Rules Are The Same

By  |  August 28, 2020

By: Daniel Francis (FTC)

    Get the Full Story

    Complete the form to unlock this article and enjoy unlimited free access to all PYMNTS content — no additional logins required.

    yesSubscribe to our daily newsletter, PYMNTS Today.

    By completing this form, you agree to receive marketing communications from PYMNTS and to the sharing of your information with our sponsor, if applicable, in accordance with our Privacy Policy and Terms and Conditions.

    It is generally a serious violation of our rules for counsel to pass private notes to a witness in an investigational hearing or deposition, or otherwise coach or consult with a witness, while a question is pending. 16 CFR 2.9(b)(1). Happily, violations of this rule are very rare. But, with the recent shift to remote depositions and hearings, we want to remind the bar that neither this rule nor our vigilance in enforcing it have been relaxed. Remote investigational hearings and depositions are generally subject to the same rules as their pre-COVID, in-person equivalents. As a result, note-passing (via paper or electronically)—like other forms of coaching or consultation while a question is pending—is prohibited, except as otherwise permitted by our rules. Specifically, 16 CFR 2.9(b)(1) permits consultation “with respect to issues involving protected status,” but nothing more…

    CONTINUE READING…