Sealed Records

News & Analysis as of

What Standard Governs the Dismissal of a Relator's Claim for Violation of the False Claims Act's Seal Requirement in an Action...

In the aftermath of the destruction caused by Hurricane Katrina in 2005, Cori and Kerri Rigsby accused State Farm Fire and Casualty Company of falsely misclassifying wind damage as flood damage, among other misdeeds, leaving...more

Your Stipulated Protective Order May Not Provide As Much Protection As You Expect

In a growing number of courts, a negotiated protective order entered for discovery purposes will not protect litigants’ confidential information from public disclosure. Stipulated protective orders are commonly used...more

Proposed Rule Would Promote Sealing New York Commercial Division Records Containing Sensitive Business Information

The heavy burden of persuading the Commercial Division of New York State Supreme Court to seal court records containing sensitive business information could be eased under a proposed new rule. In releasing the new rule for...more

The Sixth Circuit’s Continued Scrutiny of Sealing Decisions

We wrote here previously regarding the Sixth Circuit’s decision in Shane Group v. Blue Cross Blue Shield of Michigan vacating a class action settlement because the district court improperly refused to unseal the parties’...more

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

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

Sixth Circuit Lifts the Lid On Pre-Approved Filings Under Seal

Any thought that the Sixth Circuit’s June decision regarding filings under seal in Shane Group, Inc. v. BlueCross Blue Shield of Michigan, 825 F.3d 299 (6th Cir. 2016), might be narrowly construed based upon the nature of the...more

Insights Conversations: How Government Health Care Investigations May Be Shifting

The Department of Justice (DOJ) has long had the advantage when investigating False Claims Act (FCA) cases against health care companies. However, recent changes in the courts, including a unanimous U.S. Supreme Court...more

Judge seals transcript of Title IX hearing

A federal judge in North Carolina sealed a transcript of a University of North Carolina (UNC) hearing to determine whether the plaintiff was responsible for committing sexual acts without consent. In the case in question, the...more

New York’s Commercial Division Requires Motion to Seal When Redacted Documents are Filed

The Commercial Division of the Supreme Court of the State of New York recently adopted a new form of confidentiality order that eliminates the option to e-file documents redacted for confidentiality without a motion to seal....more

When Settlement and Secrecy Do Not Mix

Non-disclosure and confidentiality provisions can be an important aspect of resolving a case through settlement. But when one of the parties is a purported class, and the allegation is an antitrust violation, settlement and...more

Corporate Investigations and White Collar Defense - June 2016

Eye on the Supreme Court—Corruption and Fraud Edition - Why it matters: This session, the Supreme Court has undertaken the review of numerous cases that raise thorny issues arising in the white collar context. In our...more

U.S. Supreme Court To Decide Consequences Of Relator Violating Seal Requirement In Qui Tam Cases

Last week the United States Supreme Court granted certiorari in State Farm Fire and Casualty Co. v. USA, ex rel. Rigsby, Case No. 15-513, to resolve a circuit split regarding the consequences of a qui tam relator violating a...more

Supreme Court to Clarify Standard for Dismissal of Qui Tam Complaints for Violations of the False Claims Act’s Seal Requirement

On May 31, 2016, the Supreme Court of the United States granted certiorari in State Farm Fire and Casualty Co. v. United States ex rel. Rigsby (No. 15-513) to clarify the standard for sanctioning intentional violations of the...more

Trump University Playbooks Get Trumped By Trade Secrets Law

Chances are over the last several days you’ve heard presidential-hopeful Donald J. Trump express his displeasure with a certain federal judge sitting on the bench in the U.S. District Court for the Southern District of...more

Court Confirms Arbitration Award Relating To Three Arbitration Agreements And Orders Certain Documents Unsealed

The court confirmed a final arbitration award in favor of the Petitioner, Employers Insurance Company of Wausau (“Wausau”), pursuant to Section 9 of the Federal Arbitration Action (FAA). Wausau and Ace Property and Casualty...more

Xarelto’s Approval by the FDA

The controversy over Xarelto’s approval by the FDA and alleged irregularities in the conduct of the ROCKET-AF clinical trial continue to hang over the heads of Bayer and Janssen (a division of Johnson & Johnson), the...more

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

Judge Denies C.R. Bard’s Request to Seal Documents in IVC Settlement

In August 2005, a patient was implanted with a Bard Recovery Filter System in order to catch blood clots or “thrombi” traveling from the lower portions of his body toward his heart and lungs. Unfortunately, the device failed...more

New Lessons from Cosby: Confidential Doesn’t Always Mean Confidential

How, after all these years, did the truth about Bill Cosby finally come out? It happened on July 6, 2015 when a federal judge in Philadelphia ordered that documents filed in a lawsuit by one of Cosby’s accusers 10 years...more

Locke Lord QuickStudy: SJC Adopts New Lower Standard for Motions to Seal Criminal Records

The Supreme Judicial Court (SJC) recently revisited a nearly 20 year old opinion that imposed an onerous burden of proof on former defendants trying to seal their criminal records in the Commonwealth. Previously,...more

ESPN Productions Scores Win with Indiana Tax Court’s Ruling Prohibiting Public Access to its Tax Returns and Trade Secrets

On April 9, 2015, ESPN Productions, Inc. recorded its biggest play of the day in the Indiana Tax Court, when the Court granted the Company’s request to seal from public disclosure tax returns, a production services agreement,...more

Penalty! The California Court of Appeal Calls Foul on the NCAA’s Attempt to Seal Records of the USC/Reggie Bush Investigation

In a significant victory for open court filings, the California Court of Appeal rejected an effort by the National Collegiate Athletic Association (“NCAA”) to seal 400 pages of documents in a dispute between the NCAA and a...more

Court Affirms Reinsurance Arbitration Award But Directs Further Briefing On The Issue Of Sealing Documents

A federal district court in New York confirmed an arbitration panel’s final award, but directed the parties to brief the issue of whether the continued sealing of supporting documents, filed in connection with the petition to...more

No 'Hiding the Ball' - Court Prohibits NCAA from Sealing Trial Record

In McNair v. National Collegiate Athletic Association (filed 2/16/2015, No. B245475), the California Court of Appeal for the Second Appellate District, held that the NCAA may not limit public access to certain documents...more

PTAB Applies Balancing Test in Deciding Motions to Seal Evidence

Search Am., Inc. v. TransUnion Intelligence, LLC - In an recent covered business method (CBM) patent review proceeding, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) denied the parties’...more

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