The Supreme Court held in 1963 that a prosecutor must turn over evidence favourable to the accused, whether or not the defence has asked for it. The obligation falls on the party holding the information, and it runs against that party’s own interest in winning. Failure to disclose can void a conviction years later.
Initial disclosures
Under the Federal Rules of Civil Procedure, parties to a lawsuit must hand over certain categories of information at the outset — witnesses, documents they may use, damages computations, insurance coverage — without any request from the other side. Discovery in American litigation begins with a push, not a pull.
Regulation FD
Adopted by the SEC in August 2000 after analysts at several Wall Street firms were found receiving information before the public. The rule is simple in principle: material non-public information must go to everyone at the same time. Telling one analyst privately is prohibited, and telling one person accidentally triggers an obligation to tell everyone immediately.
Form 8-K
An American public company must file within four business days of a material event occurring — a change of control, a bankruptcy, the departure of a director, a material cybersecurity incident. Not at the quarter end, not when convenient, not when asked. Four days from the event, across more than thirty defined categories.
Miranda
Since 1966, American police have been required to inform a person in custody of their rights before questioning — including the right to remain silent and the right to counsel. The suspect does not have to ask. Evidence obtained without the warning can be excluded.
Informed consent
An American physician must disclose the risks, benefits and alternatives of a procedure before it takes place, and document that the disclosure occurred. The standard in many states is what a reasonable patient would want to know, not what the patient thought to ask about.
Truth in Lending
Federal law requires a lender to disclose the annual percentage rate, the finance charge, the amount financed and the total of payments, in a prescribed format, before the borrower signs. The disclosure is standardized so it can be compared across lenders. The borrower is not expected to know what to ask.
Nutrition Facts
Federal regulation requires a panel on packaged food giving serving size, calories, and specified nutrients, in a set order and a set format. Every manufacturer must publish the same categories, including the unflattering ones, on the package itself.
Recall notices
A manufacturer that discovers a safety defect must notify the relevant federal agency and then notify owners directly — by mail, by registered address, by VIN. The company that finds the problem is required to go and find the people affected by it.
The loop
Keep me in the loop. Let me loop in Sarah. I’ve been out of the loop. Are you in the loop on this? The loop is something you are placed inside by other people. Nobody speaks of getting themselves into it.