News & Analysis as of

Sealed Records

Troutman Pepper

First Amendment Presumption of Access to Summary Judgment Filings Attaches Upon Filing

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The Fourth Circuit has clarified the standard for evaluating a nonparty’s attempt to access sealed summary judgment filings under the First Amendment. In United States ex rel. Oberg v. Nelnet, Inc., — F.4th –, No. 23-1808,...more

Vondran Legal

Strike 3 Holdings Defendants No Longer Anonymous?

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Maintaining your anonymous status when you are a John Doe defendant in a strike 3 holding porn litigation just got a bit trickier, at least in the 3rd Circuit. In this jurisdiction, a defendant may have to prove to the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

What Can a Court Do When Someone Violates the Secrecy of Trade Secrets?

When someone violates the secrecy of a company’s trade secrets, what can the company do about it? Writing a sternly worded cease and desist letter is often a good first step that we recommend to clients, however it must be...more

Rodemer Kane Attorneys at Law

Misdemeanors That Prevent Employment – Surprising Offenses That Employers Won't Overlook

Will a misdemeanor affect employment? Getting a job with a misdemeanor on your record is usually not an issue, but certain offenses might make it challenging to land specific types of employment. For example: ●...more

McGlinchey Stafford

2024 Changes to Eastern District of Louisiana Local Rules

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New Orleans’ resident federal court, the Eastern District of Louisiana, made notable changes to its local rules effective January 1, 2024, which impact daily practice for most Eastern District attorneys. First, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York State’s Clean Slate Act to Take Effect on November 16, 2024: 5 Things for Employers to Know

New York has enacted the Clean Slate Act, effective November 16, 2024, which will provide for the automatic sealing of certain criminal history records. Upon sealing, the records will be unavailable to most employers in a...more

Seyfarth Shaw LLP

New York State Enacts Legislation Sealing Criminal Records

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Seyfarth Synopsis: On November 16, 2023, New York became the 12th state to enact “Clean Slate” legislation, which allows certain criminal records to be sealed after an individual is sentenced or released from incarceration,...more

Jackson Lewis P.C.

New York Clean Slate Act Will Seal Certain Old Criminal Records, Affecting Employers’ Hiring Processes

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New York has joined the growing number of states that have enacted “clean slate” legislation that will automatically seal certain criminal records. The new law will require employers to review any hiring processes related to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Governor Signs Clean Slate Law to Seal Older Criminal Convictions

On November 16, 2023, New York Governor Kathy Hochul signed a bill into law requiring records of certain past criminal convictions to be sealed. The legislation is intended in part to prevent discrimination in hiring against...more

Cozen O'Connor

New York Note – November Plan, City Legislation, Clean Slate Act, 2023 Women 100

Cozen O'Connor on

Mayor Releases November Plan with $314M in Cuts- Last Thursday, Mayor Adams released the City’s November 2023 Financial Plan Update (the Plan). The Plan contains total funding of $110.5 billion for Fiscal Year 2024, which...more

Rodemer Kane Attorneys at Law

When Is It Possible to Expunge or Seal A Record in Colorado

If you're like most individuals, your reputation matters, and you don't want your criminal record to hinder your chances of securing a job, gaining admission to school, obtaining a professional license, securing a loan, or...more

Bradley Arant Boult Cummings LLP

Protective Order Battle Could Undermine Trump's Effective Defense

A battle is heating up in the Jan. 6 criminal case against former President Donald Trump that, while seemingly technical, will likely have a significant impact on the defendant’s ability to mount a defense. It may well serve...more

Jackson Lewis P.C.

2023 New York State Legislature Concludes with Flurry of Activity Pertinent to New York Employers

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The 2023 New York State Legislature recently concluded its legislative session (after being called back for two weeks to consider certain pieces of legislation). The session ended with a flurry of activity relevant to...more

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

Littler

New York Legislature Bans Consideration of Most Older Convictions in Employment Decisions

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In the final hours of the 2023 legislative session, the New York Legislature passed Assembly Bill 1029C / Senate Bill 7551A, the “Clean Slate Act.” If signed by Governor Hochul, it will provide for the automatic sealing of...more

Goodwin

Amgen Intervenes in Regeneron v. Mylan BPCIA Aflibercept Litigation to Seek Public Access to Sealed Documents

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As we have previously reported, Regeneron’s BPCIA case against Mylan regarding Mylan’s proposed aflibercept biosimilar is proceeding in the U.S. District Court for the Northern District of West Virginia, with a two-week trial...more

Sullivan & Worcester

Massachusetts Supreme Judicial Court Adopts Position in Sullivan Amicus Filing on Behalf of The Boston Bar Association

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A Plain Statutory Reading Requires Broadening Automatic Sealing of Criminal Records - Boston, MA - As argued in an amicus letter written by Ryan Rosenblatt on behalf of Sullivan's pro bono client, The Boston Bar...more

Farrell Fritz, P.C.

Signed, Sealed, Delivered

Farrell Fritz, P.C. on

Under Section 216.1(a) of the Uniform Rules for Trial Courts (“Section 216.1(a)”), courts are authorized to seal documents “upon a written finding of good cause, which shall specify the grounds thereof.” Section 216.1(a)...more

Ervin Cohen & Jessup LLP

Employer Alert: SB 731 Will Expand Sealing of Criminal Records

Beginning July 1, 2023, SB 731 will provide for the automatic sealing of certain felony criminal records. Arrests that do not result in conviction will also be sealed....more

Ballard Spahr LLP

Press Coalition Urges Maryland to Preserve Criminal Court Transparency

Ballard Spahr LLP on

Summary - A coalition of 18 national and state news organizations is asking the Maryland Supreme Court to reject an “emergency” proposal that would sharply limit press and public access to criminal court proceedings....more

Fox Rothschild LLP

Avoiding Big Problems with Small Details: Protecting Sensitive Information and Including the “Littlest Big” Detail With Notices of...

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Writer and futurist Alvin Toffler cautioned, “You’ve got to think about big things while you’re doing small things, so that all the small things go in the right direction.” Today’s batch of Court of Appeals opinions...more

EDRM - Electronic Discovery Reference Model

DOJ’s Confidential Report Leaked in Trump v US

[Editor’s Note: This post was originally published on Ralph Losey’s e-Discovery Team® blog 10/5/2022, reposted with permission and our thanks.] NOTICE OF STATUS OF PRIVILEGE REVIEW TEAM’S FILTER PROCESS AND PRODUCTION OF...more

Fox Rothschild LLP

Good Cause to Seal Name Change Applications for Transgender Litigants

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Prior to September 1, 2021, name change applications were required to be made public both upon request for inspection (Rules 1:2-1, 1:38-1) and by way of a publication requirement in a newspaper for two (2) weeks specifically...more

Davis Wright Tremaine LLP

Obfuscating Mercy: How the California Supreme Court Finally Addressed Secretive Pardons

In May of 2021, the California Supreme Court in Administrative Order 2021-05-26 announced a rule change to make it easier for the public to view clemency files for twice-convicted felons. The new rule rejects the decades-old...more

Foley & Lardner LLP

Sealing Judicial Records or How I Learned to Stop Consenting and Protect Trade Secrets

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Are courts making it impossible to guarantee trade secrets will not be disclosed upon filing of litigation? In a recent case, Binh Hoa Le v. Exeter Fin. Corp., the U.S. Court of Appeals for the Fifth Circuit (covering...more

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