Protecting Confidentiality in Litigation: Responding to Increased Judicial Scrutiny of Rule 26(c) Protective Orders
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will discuss best strategies for dealing with confidentiality in litigation and the increased scrutiny of protective orders and requests to seal as courts attempt to balance the public's right of access to judicial records and proceedings and litigants' privacy interests in their proprietary information. The panel will discuss the risks that arise when this issue takes center stage and manage counsel's obligations under any protective order.
- Public vs. private rights in civil discovery
- General standards for entry of protective order concerning confidential business information
- Stipulated vs. contested protective orders
- Challenging classification and compliance
- Filing under seal
- During the litigation
- Modification after settlement or judgment
The panel will review these and other vital questions:
- Why are protective orders getting increased scrutiny?
- What type of showing is needed to modify protective orders, and which party has the burden of proof?
- Do all courts resolve these issues uniformly?
- What is the judicial perspective regarding confidentiality in litigation?
Jacquelyn E. Fradette
Ms. Fradette is a complex civil litigator who represents clients in all areas of trial litigation. Her experience... | Read More
Ms. Fradette is a complex civil litigator who represents clients in all areas of trial litigation. Her experience broadly ranges from pre-complaint analysis through trial, with a particular focus on hearings, trial, depositions, and expert testimony.Close
Weitz & Luxenberg
Ms. Gold is an associate attorney in our Drugs & Medical Devices Litigation group. She is based in our... | Read More
Ms. Gold is an associate attorney in our Drugs & Medical Devices Litigation group. She is based in our New York headquarters office. Prior to joining Weitz & Luxenberg in 2013, Ms. Gold served as a law clerk to one of New Jersey’s three mass-tort judges, the Hon. Carol E. Higbee of Superior Court in Atlantic City. She has been a practicing attorney since 2012. Super Lawyers magazine has listed her as one of its New York metro area ”Rising Stars.”Close
Honorable Joel Schneider
Montgomery McCracken Walker & Rhoads
Judge Schneider served as United States Magistrate Judge in the District of New Jersey for 14 years. During his tenure,... | Read More
Judge Schneider served as United States Magistrate Judge in the District of New Jersey for 14 years. During his tenure, he managed, settled, and decided thousands of cases in all aspects of civil litigation, including employment, civil rights, IP, class/collective actions, products liability, contract, data breach, pharmaceutical, and other disputes. While on the Bench, Judge Schneider developed a well-deserved reputation for effectively managing and settling complex and multi-party individual and class action cases, including three multidistrict litigations.Close
Michael C. Zogby
Faegre Drinker Biddle & Reath
Mr. Zogby counsels clients in the United States, Asia and Europe on data privacy, governance and security, and crisis... | Read More
Mr. Zogby counsels clients in the United States, Asia and Europe on data privacy, governance and security, and crisis management, and he coordinates cross-border trial issues and discovery involving multidistrict proceedings and highly regulated industries. He is an elected member of the Products Liability Advisory Council and the International Association of Defense Counsel, a member of the Board of Directors for the Trial Attorneys of America, and a Trustee of the Trial Attorneys of New Jersey. Mr. Zogby frequently contributes to journals and industry panel discussions on existing and emerging topics in life sciences, trial advocacy, cross-border litigation and product liability law. He serves on the faculty of the National Trial Advocacy College at the University of Virginia School of Law, and has lectured on trial ethics for practitioners at Fordham University School of Law.Close
Early Discount (through 02/11/22)
Cannot Attend March 3?
Early Discount (through 02/11/22)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.