Groupthink

Irving Janis coined the term in 1972, studying American foreign policy disasters including the Bay of Pigs. His argument was that cohesive groups suppress dissent in order to preserve agreement, and the suppression is usually invisible to everyone in the room.

An American psychologist named the failure mode in which a team stops exchanging information while believing it still is.

Brady v. Maryland

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.

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