Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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July 12, 2024 Court Grants Motion To Seal Confidential Contracts Or Agreements With Non-Parties To The Litigation
On June 7, 2024, Justice Joel M. Cohen granted a motion to seal certain documents filed on the Court’s public docket that contained sensitive business and financial information. In Tremor Video, Inc. v. Alphonso Inc. n/k/a LG ADS, et al., Index No. 653266/2021, the Court noted that there is “a broad presumption that the public is entitled to access to judicial proceedings and court records” and that, because this right “is of constitutional dimension, any order denying access must be narrowly tailored to serve compelling objectives, such as a need for secrecy that outweighs the public’s right to access.” Nevertheless, certain records did deserve sealing. The Court explained: Read More
April 17, 2024 Defendants’ Fears That Rival May Use Information To Tortiously Interfere With Business Opportunities Does Not Warrant Attorneys’ Eyes Only Designation
On March 5, 2024, Justice Andrew Borrok granted a motion to compel discovery and declassify certain information marked by the Defendants as “Attorneys’ Eyes Only.” The court in Richmond Global Compass Fund Management GP, LLC, et al. v. Decio Nascimento, et al., Index No. 654190/2021, concluded that Defendants could not limit the provision of certain information solely to the Plaintiff’s attorney even if Defendants feared that the Plaintiff would use that information to tortiously interfere with Defendants’ current and prospective business relations. The Court explained, in part: Read More