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Litigation Regulation White Collar Crime

Particularized Pleading of Underlying Illegal Acts in the Second Circuit

Gamm v. Sanderson Farms, establishes a high burden for a plaintiff to plead adequately failure to disclose illegal conduct — regardless of how much circumstantial evidence a plaintiff is able to amass or how much news coverage the alleged conduct attracts.

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Earlier this year, several senior executives at various national chicken producers were indicted for allegedly conspiring between 2012 and 2017 to fix prices in violation of federal antitrust laws. See, Indictment, 1:20-cr-00152-PAB (June 2, 2020); see also, Press Release, Senior Executives at Major Chicken Producers Indicted on Antitrust Charges (June 3, 2020). The supposition that the chicken industry had engaged in such practices is not new, as alleged chicken price fixing has been making headlines and generating antitrust litigation since at least 2016. See, e.g.You Might be Paying Too Much for Chicken, New York Times (Nov. 3, 2016); Broiler Chicken Antitrust Litigation, No. 1:16-cv-08637 (N.D. Ill.).

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