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Sealed Records Appeals

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Miller Canfield

Third Circuit Holds That an Arbitration Award Was a Judicial Record and Must Be Unsealed

Miller Canfield on

People often agree to arbitrate their disputes because they presume that, unlike litigation, the proceedings will be confidential. An increasing number of court decisions suggest that this presumption may be unwarranted....more

McDermott Will & Emery

Defend Trade Secrets Act Supports Sealing Information on Appeal

Addressing whether purported trade secret information ought to remain under seal on appeal, the US Court of Appeals for the Sixth Circuit ruled in a one-judge order that the Defend Trade Secrets Act (DTSA) provided a...more

Womble Bond Dickinson

Business Court Now Requiring More To Keep Documents Under Seal

Womble Bond Dickinson on

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

Carlton Fields

Third Circuit Affirms Order Declining to Consolidate Reinsurance Dispute, but Vacates Order Denying Motion to Unseal

Carlton Fields on

Everest Reinsurance Co. appealed from two district court orders. It claimed that this dispute with Pennsylvania National Mutual Casualty Insurance Co. was the same as a prior dispute that Penn National had arbitrated with two...more

Skadden, Arps, Slate, Meagher & Flom LLP

Second Circuit Upholds Prosecutorial Discretion in Deferred Prosecution Agreements

On July 12, 2017, the U.S. Court of Appeals for the Second Circuit ruled in United States v. HSBC Bank USA, N.A. that a federal district court does not have the authority to supervise the implementation of a deferred...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - June 2017

The seventh edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Proskauer - Minding Your Business

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

Davis Wright Tremaine LLP

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

Haight Brown & Bonesteel LLP

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

Best Best & Krieger LLP

Appeals Court Rules Fingerprint Impressions Are Records Of Arrest That Can Be Sealed and Destroyed

Arrestees Factually Innocent Under Penal Code Section 851.8 Can Have Fingerprints Sealed and Destroyed - Overview: The California Court of Appeal held that fingerprint impressions taken of suspects at the time of their...more

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