Celesq® Programs

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

Active
Program Number
3285
Program Date
2022-04-21

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
  • Florida
  • Georgia
  • New Jersey
  • New York
  • Texas Self Study

Program Categories

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