Kirkland

The Securities and Exchange Commission conducted an investigation into certain transactions involving Kyle R. Kirkland, one of the defendants in this action brought by Guess?, Inc. to recover damages for fraud and other civil wrongs. During discovery, Guess asked Kirkland to produce copies of documents and transcripts of testimony given in the SEC proceedings. Kirkland admitted that he had copies of the transcripts and documents but refused to produce them, claiming the SEC proceedings are “private” and “confidential,” and that the items requested by Guess are not discoverable. The trial court disagreed and ordered Kirkland to produce the documents and transcripts. At Kirkland’s request, we stayed the trial court’s order, issued an order to show cause, and considered Kirkland’s claims about privacy and confidentiality. We conclude that transcripts of testimony given before the SEC in the course of an investigation are discoverable in civil litigation where, as here, the party from whom discovery is sought has possession of or ready access to the documents and transcripts.

Background

Between 1992 and 1994, Guess and Pour le bebe, Inc. (PLB) entered several license…