News & Analysis as of

Confidential Information › First Amendment

Tucker Arensberg, P.C.

Confidentiality Provision of Educator Discipline Act Ruled Unconstitutional

Tucker Arensberg, P.C. on

Pennsylvania’s Educator Discipline Act governs educator misconduct complaints filed with the Department of Education for investigation and, if warranted, discipline. 24 Pa. Stat. Ann. § 2070.9. Once a misconduct complaint is...more

Troutman Pepper

EDVA Judge Denies Motion to Seal Parties’ Settlement

Troutman Pepper on

Much like our recent egarding an EDVA judge’s denial of a joint request to vacate the court’s earlier rulings after a settlement, another recent EDVA decision reinforces that EDVA judges are unwilling to simply rubber-stamp...more

Genova Burns LLC

NJ Appellate Division Upholds Requests, Not Commands, By Employers to Maintain Confidentiality in Employment Investigations

Genova Burns LLC on

On February 28, 2022, the New Jersey Appellate Division ruled that a request for confidentiality by an investigator in connection with a discrimination or harassment investigation is valid and does not violate an employee’s...more

Morgan Lewis - Tech & Sourcing

Reexamining the Computer Fraud and Abuse Act

Morgan Lewis - Tech & Sourcing on

As the digital landscape in the United States evolves, federal courts are reexamining federal cybersecurity laws enacted during an era before individuals, companies, and the government had easy access to computers and the...more

Cozen O'Connor

Employment Law Now IV-65- The Great Debate Part 2: Employee Lawyer vs. Employer Lawyer

Cozen O'Connor on

This is Part 2 of Mike Schmidt's 2-part episode pitting employee/plaintiff-side lawyer Hope Pordy, Esq. against employer/defendant-side lawyer Jeremy Glenn, Esq. to finish debating some interesting HR topics....more

White and Williams LLP

SDNY Remands Arbitration Award for Clarification and Denies Request to Keep Documents Under Seal

White and Williams LLP on

The U.S. District Court for the Southern District of New York recently remanded Park Avenue Life Insurance Company v. Allianz Life Insurance Company of North America to a panel of arbitrators for clarification of its award...more

Carlton Fields

Confidential Reinsurance Agreement Made Public After Party Failed to Show Good Cause for Maintaining Confidentiality

Carlton Fields on

A reinsurance agreement and attachments filed in a court proceeding and purportedly containing “all manner of confidential and proprietary business information,” including “product design,” “service standards,” “pricing,” and...more

Obermayer Rebmann Maxwell & Hippel LLP

Omarosa’s NDA Battle – Confidentiality and Context in the Workplace

Obermayer Rebmann Maxwell & Hippel LLP on

The business world has much more to learn from the Omarosa Manigault White House battle than just fashionable workplace attire and a flair for the dramatic. The battle between the White House and Omarosa over the scope of her...more

Kelley Drye & Warren LLP

Strong Shield Law Protections for Journalists in California and Across the Country

Kelley Drye & Warren LLP on

There has been a series of cases in recent months involving attempts by the government to expose journalists’ confidential sources of information. These cases tend to follow a familiar pattern: the government seeks the...more

Morris James LLP

Chancery Declines Confidential Treatment to Nonparty’s Claimed Sensitive Business Info

Morris James LLP on

American courts have long recognized that the public enjoys a First Amendment right of access to judicial proceedings and records. While forceful, the right is only presumptive, and the public’s interest in access may be...more

Blank Rome LLP

Seeking Injunctive Relief: How Irreparable Harm Has Been Analyzed in Federal and State Courts

Blank Rome LLP on

One of the most important considerations New Jersey practitioners encounter when seeking injunctive relief is where to file: state (Chancery Division) versus federal (district) court. In non-emergent complex litigation, this...more

Mintz - Securities & Capital Markets...

Delaware Legislature Introduces Rapid Arbitration Act

Mintz - Securities & Capital Markets... on

The Delaware Rapid Arbitration Act, House Bill 49, was recently introduced in the Delaware General Assembly. The proposed Act would establish a streamlined arbitration procedure to resolve disputes involving Delaware business...more

Polsinelli

Delaware Program Struck Down: Independent Legal Counsel Still Best Avenue for Private Arbitration

Polsinelli on

The U.S. Supreme Court decided last Monday to not hear a case involving the State of Delaware's effort to create a state-sponsored program where sitting judges could confidentially arbitrate business disputes. Lower courts...more

Katten Muchin Rosenman LLP

Third Circuit Finds Delaware Chancery’s Arbitration Program Unconstitutional

Katten Muchin Rosenman LLP on

A three-judge panel of the US Court of Appeals for the Third Circuit recently affirmed an injunction against the Delaware Court of Chancery’s arbitration program, finding that the confidential proceedings violate the First...more

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