Redaction

News & Analysis as of

Challenging a CFPB Civil Investigative Demand Can Be Done without Revealing a Company Is Being Investigated

One of the Consumer Financial Protection Bureau’s (CFPB) key investigative and enforcement tools is to issue Civil Investigative Demands (CIDs), a form of an administrative subpoena that requires the recipient to produce...more

Board: No Rubber Stamp on Motions to Seal - Samsung Elecs. Co. v. NVIDIA Corp.

Addressing the standard for sealing documents in inter partes review (IPR) proceedings, the Patent Trial and Appeal Board (PTAB or Board) denied a patent owner’s motion to seal documents where the only justification provided...more

Settlement Agreements with Students Are Protected Student Records But Must Be Disclosed in Redacted Form Under Public Records Law,...

What is the responsibility of a public educational institution when it receives a public records request for material that it believes it must keep private under state and federal student records laws?...more

When E-Filing Goes Wrong: How to Protect Your Trade Secrets in the Event of Inadvertent Online Disclosure

It is frightening to think that valuable corporate trade secrets could be lost with the click of a mouse. But as electronic court filing becomes increasingly prevalent, the risk of inadvertent disclosure of sensitive...more

A Light in the Dark: Protecting PII in Ediscovery

65% of ediscovery projects contain at least one document with the XXX-XX-XXXX number format. Accidentally disclosing Personally Identifiable Information (PII) could lead to a messy discovery process and costly penalties. Do...more

A Survival Kit for Cross-Border Discovery

“One thorn of experience is worth a whole wilderness of warning.” This quote, from Fireside Poet and literary critic James Russell Lowell, described Shakespeare, but it applies equally to the practice of cross-border...more

PAC Opinion Finds Municipal Bank Account Numbers Subject to FOIA

Earlier this year, the Public Access Counselor (PAC) issued an under-the-radar advisory opinion that could have an impact on responses to Illinois Freedom of Information Act (FOIA) requests. According to the non-binding...more

If You Can’t Say Anything Nice . . .

You will feel right at home with the CFPB’s newly augmented web-based public-facing complaints database. In accordance with its Final Policy Statement issued on March 19, 2015, the CFPB began publishing consumer complaint...more

Show Your Work: Washington Supreme Court Awards Attorney’s Fees in Public Records Case for Failure to Provide “Brief Explanation”...

The Washington Supreme Court has long endorsed a liberal construction of the Washington Public Records Act (PRA), calling it a “strongly-worded mandate for broad disclosure of public records.” Hearst Corp. v. Hoppe, 90 Wn.2d...more

Judge Hellerstein grants competing motions to seal with limited exceptions.

Intellectual Ventures II LLC v. JP Morgan Chase & Co., et al. Case Number: 1:13-cv-03777-AKH - Judge Hellerstein disposed of a number of motions to seal filed by both Intellectual Ventures II LLC and JP Morgan...more

Is It Still Privileged? An Insurer’s Disclosure Of Information To Its Reinsurers And Brokers Waives Privilege … Sometimes.

A federal district court recently held that an insurer waived any claim of attorney-client or work product privilege when it disclosed otherwise potentially privileged information to its reinsurers and to its broker. In doing...more

Public Records Produced Pursuant to OPRA May Not be Redacted for Irrelevancy

The New Jersey Appellate Division has recently confirmed the public’s unfettered right to access government records, regardless of whether certain information produced falls outside a specific request....more

Motion to Redact Transcripts in Patent Case Denied Where Information Was Disclosed in Open Court

In this patent infringement action, both parties moved to redact information from the transcripts and both motions were unopposed. The district court found that the information should be redacted because it had been disclosed...more

Quality Control Is Job 1

In January, U.S. Magistrate Judge Paul S. Grewal sanctioned Samsung and its law firm for a series of violations involving the disclosure of a document containing confidential information in contravention of the court’s...more

Apple v. Samsung Sanction Decision: the Bark Is Worse Than the Bite as Apple and Nokia Overreach in Their Request for Sanctions

To resolve Apple and Nokia's request for sanctions against Samsung from Samsung's violation of a protective order, the court ordered written discovery and depositions to determine the extent of the violation. After discovery...more

Al Jazeera America, LLC v. AT&T Services, Inc., C.A. No. 8823-VCG (Del. Ch. Oct. 14, 2013) (Glasscock, V.C.)

In this letter opinion, the Court of Chancery ordered plaintiff Al Jazeera America, LLC (“Al Jazeera”) to file a revised public copy of its complaint, removing a majority of the redactions contained in the public copy it had...more

Redaction Redux — Be a Do-Bee, Not a Don’t-Bee

Despite many well-publicized gaffes in legal, political and business arenas, many folks do not properly electronically redact sensitive information before letting a document loose into the wild. Supposedly blacked-out or...more

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