August 30, 2016 Articles

Getting It Right: Confidentiality and Sealing Standards

The confidentiality of discovery materials is fundamentally different from the sealing of materials filed with courts or the sealing of judicial proceedings.

By Ronald Hedges – August 30, 2016

Recent decisions by U.S. courts highlight the tension—and possible confusion—between the standard for a confidentiality order that governs the dissemination of materials in discovery and the standard for filing materials under seal with a court. The distinction between the standards is fundamental, and the consequences of “getting it wrong” might be devastating for both attorney and client.

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