1-Hour Program

See Credit Details Below

Overview

Recent headlines about a search of premises in Florida have highlighted the clashing interests of the confidentiality of information contained in documents submitted to courts and the public right of access to those documents. While the rules and practice in criminal actions differ from those in civil actions, this Briefing will provide an overview for the benefit of practitioners on “both sides.” Topics to be addressed include:

  • Introduction to “public access” to court filings and proceedings, and why it is an important issue (9 minutes)
  • First Amendment and common law rights of access (4 minutes):
    • What are these rights of access?
    • Difference between two sources of authority
  • How are access rights expressed at each stage of litigation? (8 minutes)
    • Discovery
    • Dockets, pleadings, and filings
    • Court orders and memoranda
    • Court proceedings
  • How might rights of access be limited or overcome? (5 minutes)
    • What procedural rules apply?
    • Who bears the burden of persuasion when rights of access are challenged?
  • Anonymity in pleadings (5 minutes)
    • What procedural rules apply?
    • What has changed in past 20 years?
  • Discovery materials and how these might be protected from disclosure (15 minutes)
    • Difference between “good cause” and “compelling interest” standards, and where they apply
    • Protective orders
    • Sealing orders
    • Drafting tips
  • Settlement negotiations and agreements (10 minutes)
    • Confidential settlements
    • Settlements filed with court
    • Judicial enforcement of settlements
  • Questions and comments (4 minutes)

 

 

Who Should Attend:  In-house counsel, outside attorneys, litigators and other allied professionals interested in the confidentiality of information contained in documents submitted to courts and the public right of access to those documents

Program Level: Overview

Prerequisites: None

Advanced Preparation: None

 

Faculty:

 

Ronald J. Hedges

Senior Counsel, Dentons

 

Hon. Tanya R. Kennedy

Associate Justice, Supreme Court of the State of New York, Appellate Division, First Department

 

Kenneth J. Withers

Deputy Executive Director, The Sedona Conference

 

Credit Details