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Sealing Judicial Records or How I Learned to Stop Consenting and Protect Trade Secrets | Foley & Lardner LLP

To embed, copy and paste the code into your website or blog: Are courts making it impossible to guarantee trade secrets will not be disclosed upon filing of litigation? In a recent case, Binh Hoa Le v. ExeterFin.Corp., the U.S. Court of Appeals for the Fifth Circuit (covering Louisiana, Mississippi, and Texas) ruled that courts should take a more studied approach to allowing sealed records in trade secret proceedings, and a number of courts throughout the United States have quickly agreed. In fact, several district courts have already demanded litigants provide more explanation and legal authority before entering an order to seal documents that are filed. In late April, one federal court in Louisiana went so far as to opine that “the parties are warned that trial exhibits and trial testimony will be available to the public and will not be sealed

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