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To Speak Or Not To Speak: Navigating The Treacherous Waters Of Parallel Investigations Following The Amendment Of Federal Rule Of Evidence 408, Mikah K. Thompson

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In 2006, the Advisory Committee on Evidence Rules surprised many scholars when it amended Federal Rule of Evidence 408 concerning the admissibility of offers of compromise. Prior to its amendment, Rule 408 generally prohibited the admissibility of statements made during settlement talks when offered to prove or disprove liability. The newly amended Rule 408 creates an exception for statements made to government officials during settlement talks when the official is acting in a civil capacity.

The drafters of the new Rule 408 believe that statements made to private litigants during settlement talks deserve greater protection than statements made to government …