Publication

"Client Fabricates Evidence, Perjures Testimony — Now What?"

Law360, New York (June 20, 2014, 10:18 AM ET) -- You are representing your client in a hotly contested civil matter in federal court. After a trial on the merits, the jury renders a verdict awarding your client $25 million. Before final judgment is entered, opposing counsel serves you with an emergency motion for sanctions based on your client's use during trial of evidence fabricated prior to the start of the litigation, forged documents and perjured testimony based on the fraudulent evidence and forged documents.

What are your obligations as an attorney once you learn of the false evidence and perjured testimony? And what potential sanctions or criminal charges may your client face? This exact scenario arose in LBDS Holding Company LLC v. ISOL Technology Inc., Civil Action No. 6:11-cv-00428-LED (E.D. Tex.).

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