Celesq® Programs

Reexamining Line-by-Line Confidentiality Designations: A Cost-Effective and Cooperative Approach

Increasingly, jurisdictions like California and Washington are requiring line-by-line confidentiality designations instead of allowing parties to designate entire documents confidential. While some argue that this furthers transparency and the right to public access of court proceedings, there is a false tension between applying confidentiality designations to documents produced in discovery and the public right of access. Moreover, line-by-line confidentiality designations greatly increase the costs associated with document review and production -- placing a disproportionate burden on producing parties. 

During this seminar we will discuss: 

• Federal and state rules, opinions, and model protective orders addressing confidentiality designations in discovery. 

• The false tension between confidentiality designations on documents produced in discovery, and the public right of access to judicial materials. 

• The differing legal standards for the public right of access as between documents produced in discovery, documents used in court documents filed under seal, and documents submitted as evidence in a trial. 

• How to ensure that the cost and burden of applying confidentiality designations during discovery is proportional to the needs of the case. 

• When line-by-line confidentiality designations are appropriate.

Available in States

• California
• Colorado
• Georgia
• New Jersey
• New York
• Texas Self Study

Program Categories

• Business Organizations & Contracts
• Contracts
• Corporate and Securities Law
• Federal Courts
• Legal Research and Writing

PROGRAM CREDITS

• Areas of Professional Practice : 1 Credit