§11.306. Trial publicity.
37 C.F.R. § 11.306
A practitioner who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the practitioner knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.
Notwithstanding paragraph (a) of this section, a practitioner may state:
The claim, offense or defense involved and, except when prohibited by law, the identity of the persons involved;
Information contained in a public record;
That an investigation of a matter is in progress;
The scheduling or result of any step in litigation;
A request for assistance in obtaining evidence and information necessary thereto; and
A warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest.
Notwithstanding paragraph (a) of this section, a practitioner may make a statement that a reasonable practitioner would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the practitioner or the practitioner's client. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the recent adverse publicity.
No practitioner associated in a firm or government agency with a practitioner subject to paragraph (a) of this section shall make a statement prohibited by paragraph (a).
Notes, amendments, and revision history
Source
Source: 78 FR 20201, Apr. 3, 2013, unless otherwise noted.
Authority
Authority: 5 U.S.C. 500; 15 U.S.C. 1123; 35 U.S.C. 2(b)(2), 32, 41; Sec. 1, Pub. L. 113-227, 128 Stat. 2114.
Source
Source: 69 FR 35452, June 24, 2004, unless otherwise noted.