Wednesday, April 20, 2011

Corporate Disclosure Statement per F.R.C.P. 7.1

This post on drafting the Corporate Disclosure Statement required by F.R.C.P. 7.1 is part of my Federal Litigation Checklist.
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Checklist:
- F.R.C.P. 7.1 requires the filing of a disclosure statement by all nongovernmental corporate parties
- The filing requirement is simple:
  -- Identify any parent corporation
  -- Identify any publicly held corporation owning 10% or more of the party's stock
  -- Or, if no such parent or corporation holding 10% or more exists, say so
- The disclosure statement must be filed at the time of the first appearance or filing by the party, and must be updated "promptly" if any of the disclosed information changes
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Thoughts & Best Practices:
- While the corporate disclosure statement may seem like a trivial administrative filing, it can have important ramifications.  For example, the failure to file a corporate disclosure statement may permit a parent company that should have been disclosed to be added after the deadline for adding parties.
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Sample Corporate Disclosure Statement
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Jeff Vail is a business litigation attorney in Denver, Colorado.  Visit www.vail-law.com for more information.
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This post on filing a Corporate Disclosure Statement as required by F.R.C.P. 7.1 is part of my Federal Litigation Checklist approach to litigation knowledge management and litigation strategy.

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