In several blog posts I have discussed efforts to seal arbitration awards and arbitration materials in court proceedings to confirm or vacate an arbitration award. But that is not the only circumstance where a party will ask the court to seal purportedly confidential or proprietary documents. In motion practice, particularly motions for summary judgment, information and exhibits may be filed under seal because of alleged confidentiality or because the documents contain allegedly sensitive business information that could put the party at a competitive disadvantage.

In a recent case, a party moving for summary judgment sought to seal documents in a variety of categories, including reinsurance-related documents. Given the court’s hesitancy to seal documents from the public, can you guess the outcome?

Continue reading “The Difficulty With Sealing Documents” →