Emory Law Journal

Volume 63Issue 6
Colloquy Complex Litigation and Disaggregative Mechanisms

Litigation Discovery and Corporate Governance: The Missing Story About the “Genius of American Corporate Law”

Érica Gorga, Michael Halberstam | 63 Emory L.J. 1383 (2014)

Strikingly absent from the entire corporate governance and corporate litigation debate is a unique feature of American civil procedure that deserves special attention: the modern civil discovery regime. This Article attempts to fill this gap. We argue that modern discovery—first established by the Federal Rules of Civil Procedure in 1938—has had a profound impact on the evolution of shareholder litigation, corporate governance, and the culture of corporate disclosure in the United States.

Read More »