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.