Sealed Records

News & Analysis as of

Keeping Other People’s Secrets: Motions to Seal

In Corning Gilbert Inc. v. PPC Broadband, Inc., IPR2013-00347, Paper 32, IPR 2013-00340, Paper 34 (April 3, 2014), the Board instructed the parties two try again to resolve their issues before it ruled on their motions to...more

Court Declines To Seal Confidential Reinsurance Provisions

A New York federal court declined to seal portions of a reinsurance agreement at the request of intervening reinsurer Battenkill Insurance Co., LLC (“Battenkill”). Battenkill intervened in an interpleader action brought by...more

Filing Damage Expert's Reports Under Seal: Some Bright Line Rules

There are two trends increasing the costs of patent litigation. The first is the increased use of Daubert motions to exclude the opinion of opposing damage experts as unqualified or unreliable. The practical result...more

New York Federal Court Grants Request to Unseal Reinsurance Arbitration Information

Eagle Star Ins. Co. v. Arrowood Indemnity Co., No. 13 Civ. 3410 (HB), 2013 U.S. Dist. LEXIS 135869 (S.D.N.Y. Sept. 23, 2013). A New York federal court recently granted an application by putative intervenors to unseal...more

Reinsurance Newsletter - December 2013

Recent Case Summaries - Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct - Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich....more

Mintz Levin Health Care Qui Tam Update - Recent Developments & Unsealed Cases

Trends and Analysis: ..We have identified 21 health care–related qui tam cases unsealed since last month’s Qui Tam Update. Of those, two were filed in 2013, 15 were filed in 2011 or 2012, and four were filed in 2010 or...more

New California Laws Restrict the Discretion Employers Have to Inquire Into and Use Criminal Record Information

On October 10, 2013, California joined the growing list of states with expanded protections for individuals with prior criminal records when Governor Jerry Brown approved a bill (SB 530) amending the California Labor Code.1 ...more

Mintz Levin Health Care Qui Tam Update -- Recent Developments and Unsealed Cases: September 2013

Trends and Analysis - ..We have identified 24 health care-related qui tam cases unsealed since last month’s Qui Tam Update. Of those, only 2 were filed in 2013. Nearly half were filed before 2011. ..Among the 24...more

New Illinois Law Gives Employers Incentives To Hire Ex-Offenders And Allows Ex-Offenders To Seal Criminal Records

Illinois Governor Pat Quinn recently signed a bill into law that gives employers greater financial incentives to hire persons with criminal records and makes it easier for ex-offenders to seal or expunge their criminal...more

Mintz Levin Health Care Qui Tam Update - Recent Developments and Unsealed Cases

Trends and Analysis: ..We have identified 20 health care-related qui tam cases unsealed in July 2013. About a quarter of those were filed in 2013. ..Among the cases unsealed in July, the government has declined to...more

Bill on Bankruptcy: Lawyers Must Disclose What Clients Pay  [Video]

June 19 (Bloomberg) -- Lawyers may object to disclosing how much they actually collect per hour from non-bankrupt clients, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle explain on...more

Indiana and North Carolina Limit Employer Inquiries into Criminal Records

A new Indiana law takes effect on July 1, 2013 to prohibit employers from asking about (or otherwise considering) expunged or sealed arrests and convictions. Similarly, a new North Carolina law takes effect December 1, 2013...more

Double Exposure: Keeping Your Confidential Information Out of the Public Eye in the Wake of Apple v. Samsung

The issues that a court must address in determining whether to seal the record in a patent case present an interesting counterpoint to most other aspects of high-stakes litigation, in which one typically finds adversaries...more

Bill on Bankruptcy: What's in the $83M ResCap Examiner's Report?  [Video]

May 29 (Bloomberg) -- The examiner in the Residential Capital bankruptcy has charged approximately $83 million to create his report, but it remains under seal. Berkshire Hathaway has asked the judge to unseal the report...more

Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims  [Video]

Feb. 27 (Bloomberg) -- Money stolen from victims of the Bernie Madoff Ponzi scheme is earmarked for someone who may have been an accomplice in the fraud, and the agreement is being kept secret by a federal district judge. ...more

Real Estate Tip – “Signed and Sealed” Still Makes a Difference

In many states, including Maine, “signed and sealed” documents may be enforced for a longer period of time than documents that are not sealed. The statute of limitations for sealed documents may be 20 years, but only six...more

New Washington Supreme Court Opinion Makes Pre-Decisional Case Records Easier to Seal

In a substantial narrowing of the public’s ability to review court files, the Washington Supreme Court has held there is no constitutional right of access to any case record unless and until the record becomes “relevant to a...more

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