News & Analysis as of

Sealed Records Confidential Information

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

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

Freiberger Haber LLP on

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

Constangy, Brooks, Smith & Prophete, LLP

Publicity: The Not-So-Hidden Cost Of A Lawsuit

And then you go and make it worse. The Volokh Conspiracy posted last week about a Human Resources Business Partner who sued his former employer in federal court (Oregon). I am in a charitable mood as I write this post,...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

Knobbe Martens

The Risks of Overbroad Motions to Seal

Knobbe Martens on

UNILOC 2017 LLC, UNILOC USA, INC., UNILOC LUXEMBOURG S.A. v. APPLE, INC., ELECTRONIC FRONTIER FOUNDATION - Before Prost, Mayer, and Taranto. Appeal from the United States District Court for the Northern District of...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

Morris James LLP

Delaware Court of Chancery Orders Full Public Access to Confidential Filings Months After Settlement

Morris James LLP on

GKC Strategic Value Master Fund, L.P. v. Baker Hughes Inc., C.A. No. 2017-0769-SG (Del. Ch. Jun. 25, 2019). Universal public access to court filings is the default and confidentiality is the exception. Rule 5.1 of the...more

Fisher Phillips

Is Your Physician Pay Data A Trade Secret? Probably Not, Says Recent Court Decision

Fisher Phillips on

When a Florida federal court recently rejected a hospital system’s attempt to keep its physician compensation data private, despite a claim that the information constituted a trade secret, healthcare employers across the...more

Latham & Watkins LLP

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

Latham & Watkins LLP on

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

Butler Snow LLP

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

Butler Snow LLP on

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

Butler Snow LLP

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

Butler Snow LLP on

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

Proskauer - Minding Your Business

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

Dorsey & Whitney LLP

Trump University Playbooks Get Trumped By Trade Secrets Law

Dorsey & Whitney LLP on

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

McGuireWoods LLP

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

McGuireWoods LLP on

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

Burr & Forman

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

Burr & Forman on

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

McDermott Will & Emery

PTAB Applies Balancing Test in Deciding Motions to Seal Evidence

McDermott Will & Emery on

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

Foley & Lardner LLP

7th Cir. Confirms Protections for Sealing Parties' Confidential Documents

Foley & Lardner LLP on

A common concern for business litigants is protecting legitimately confidential matter contained in documents produced during discovery from dissemination to non-parties. The Supreme Court’s decision in Seattle Times Co. v....more

Carlton Fields

Court Declines To Seal Confidential Reinsurance Provisions

Carlton Fields on

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

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide