News & Analysis as of

Public Records Confidential Information

Freiberger Haber LLP

The Presumption That Papers and Pleading Filed in Court are Public and The Circumstances in Which They May Be Sealed or Redacted

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Most litigants think that financial documents, such as tax returns, are confidential. The same is true with regard to trade secrets and other proprietary business information. While those sentiments are most often true, as...more

EDRM - Electronic Discovery Reference Model

Relevance Redactions Revisited

The issue of whether irrelevant material in a relevant document can be redacted when the document is produced in discovery has long been a hot topic.  See, e.g., Relevance Redactions Rejected – Rule 26(f) Resolution –...more

Bricker Graydon LLP

[Ongoing Program] Student Confidentiality Laws in Higher Education - June 22nd, 12:00 pm - 1:00 pm CST

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Higher Education CLE Webinar Series | Presented by Bricker & Eckler and the Southern Illinois University School of Law - Join us for a free webinar series in the month of June on important topics in higher education. ...more

Orrick, Herrington & Sutcliffe LLP

Three Things to Consider When Sharing Confidential or Proprietary Information with State and Municipal Governments

Many companies find themselves in the position of voluntarily sharing some of their most sensitive data and other confidential information with state and local governments. For example, this type of information-sharing may...more

Butler Snow LLP

Protecting Your Trade Secrets and Confidential, and Sensitive Information from a Public Records Request

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It is common for businesses to disclose confidential information to governmental entities for regulatory and/or other purposes. However, once that information is disclosed, it may be vulnerable to public records requests....more

Franczek P.C.

FOIA Decisions Clarify Burden of Proof for Invoking Pre-decisional, Attorney-Client, and Security Measures Exemptions

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Two recent Illinois Appellate Court opinions provide public bodies clarity regarding the pre-decisional, attorney-client, and security measures exemptions of the FOIA. In the first case, Chicago Public Media v. Cook County...more

Constangy, Brooks, Smith & Prophete, LLP

Publicity: The Not-So-Hidden Cost Of A Lawsuit

And then you go and make it worse. The Volokh Conspiracy posted last week about a Human Resources Business Partner who sued his former employer in federal court (Oregon). I am in a charitable mood as I write this post,...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2020 #1

PATENT CASE OF THE WEEK - Uniloc 2017 LLC v. Apple, Inc., Appeal Nos. 2019-1922, -1923, -1925, -1926 (Fed. Cir. July 9, 2020) - This week’s case of the week focuses, not on a patent issue, but on a procedural issue common...more

Knobbe Martens

The Risks of Overbroad Motions to Seal

Knobbe Martens on

UNILOC 2017 LLC, UNILOC USA, INC., UNILOC LUXEMBOURG S.A. v. APPLE, INC., ELECTRONIC FRONTIER FOUNDATION - Before Prost, Mayer, and Taranto. Appeal from the United States District Court for the Northern District of...more

Best Best & Krieger LLP

Investigatory Privilege and California Public Records Act Requests

It's the Information, Not the Record, that Must be Considered, Say BB&K's Christine Wood and Isaac Rosen in PublicCEO - One afternoon in May 2015, six Glendora Police Department officers entered a residence in La Puente,...more

Womble Bond Dickinson

Business Court Now Requiring More To Keep Documents Under Seal

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Where parties seek to keep certain documents they have filed under seal and out of the public eye, the Business Court now requires proof that disclosing the information would harm the parties or others before it will agree to...more

Seyfarth Shaw LLP

Maine Considers Trade Secret Protection for Cannabis Companies

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Maine is on track to launch its first recreational marijuana businesses in June, four years after its residents voted in favor of legalization. A year ago, Maine created an Office of Marijuana Policy (OMP) within its...more

Tucker Arensberg, P.C.

OOR Confirms that Records Created or Obtained through the Safe2Say Something Program are Not Public Records

Tucker Arensberg, P.C. on

In Maciejewski v. Southern Columbia Area School District, AP 2019-1094 (Sept 16, 2019), the Request sought all emails between 10 District email addresses over a 14-day time frame.  The District argued that certain responsive...more

Holland & Hart LLP

Department of Justice Issues New Guidance on Definition of "Confidential" under FOIA Exemption 4

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The Department of Justice (“DOJ”) recently issued guidance defining the types of information that qualify as “confidential” under Exemption 4 of the Freedom of Information Act (“FOIA”). This guidance follows the Supreme...more

Morris James LLP

Delaware Court of Chancery Orders Full Public Access to Confidential Filings Months After Settlement

Morris James LLP on

GKC Strategic Value Master Fund, L.P. v. Baker Hughes Inc., C.A. No. 2017-0769-SG (Del. Ch. Jun. 25, 2019). Universal public access to court filings is the default and confidentiality is the exception. Rule 5.1 of the...more

K&L Gates LLP

Legal Tropics: The Florida Public Records Act: A Primer for Private Entities

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The Florida Public Records Act requires state and local government entities and agencies to make their records available to the public. But the Act also has many implications for private entities that transact business with...more

Orrick - Trade Secrets Group

FOIA Exemption 4 Tightens the Spigot on Public Disclosure of Bottled Water Sourcing Records

The Freedom of Information Act (“FOIA”) grants the public a powerful right of access to records in the possession of federal agencies. However, this right of access is subject to nine distinct exemptions. ...more

Rumberger | Kirk

The People Have Spoken: Marsy's Law and its Impact on Law Enforcement Agencies

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Marsy’s Law was approved by Florida voters in the 2018 general election and amended Article I, Section 16 of the Florida Constitution to provide substantive rights to crime victims....more

Stoel Rives LLP

Litigation Alert: Washington Supreme Court Confirms Standard for Injunctive Relief in Public Records Act Cases

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In Lyft, Inc. v. City of Seattle, the Washington Supreme Court found that the proper standard for injunctive relief under the Public Records Act (PRA) is the standard outlined in RCW 42.56.540, which is stricter than the...more

Cozen O'Connor

Navigating Pennsylvania’s New Public Access Policy For Family Law Matters

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The State of Pennsylvania recently enacted a new public access policy, 204 Pa. Code §213.81, to address the conflict between providing the public online access to Court filings and protecting private information. ...more

Jones Day

Beware Of Relying on Your Confidential Information

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If you are involved in an IPR and you are contemplating whether to rely on your own confidential information as part of a filing, you need to consider the risk that the Board will deny your motion to file under seal because...more

Best Best & Krieger LLP

Police Arrest Videos Not Considered Confidential

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The California Supreme Court recently denied considering an appellate court ruling from a case in Eureka that police arrest videos cannot be considered confidential officer personnel records and therefore kept from public...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Rejects Employers’ Plea For Trade Secret and Trademark Protection

When employees resign, the scope of the trade secret doctrine often defines the relationship between former employers and their employees. Trade secret misappropriation claims frequently overlap with other claims arising out...more

Butler Snow LLP

Don’t Assume A Strong Discovery Protective Order Means Your Client’s Confidential Information Will Not End Up in the Public Record

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The scenario is pretty common. A company is served with a subpoena duces tecum in a lawsuit to which it isn’t a party. Among the categories of documents requested are some that clearly include information the non-party...more

Robinson+Cole Data Privacy + Security Insider

Florida Court Holds Budget Request Forms and Activity and Service Fee Records Not “Educational Records”

On August 11, 2016, a Florida state court judge held that the University Central Florida Board of Trustees (“UCF”) must produce Budget Request forms and Activity and Service Fee Database records to Knight News, Inc. (“KNI”)...more

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