Confidentiality agreements become increasingly elusive; several states have limited the availability of protective orders, and judges are now more skeptical about issuing such orders
Article Abstract:
The once quick willingness of judges at both the state and federal levels to approve protective orders seems to have eroded and in this atmosphere a party seeking such an order should craft a position seeking maximum protection for the smallest number of documents and little or no protection for other categories of documents. If the client is concerned about potential disclosure of trade secrets to a rival firm, a protective order still allowing the sharing of documents among plaintiffs with similar cases might be an idea.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Environmental law: although the EPA recently issued its final policy on the confidentiality of a company's environmental self-audit, numerous questions remain unanswered
Article Abstract:
The Environmental Protection Agency's final policy on according privilege or confidentiality to companys' internal environmental audits is at odds with most state laws on the subject. Released on Dec 18, 1995, it denies protection to regulated industries and widens the chasm between the EPA and state agencies. While the revisions claim to seek higher standards of self-policing, they reject a privilege for voluntary audits. Further, the EPA has promised heightened scrutiny in states that offer such a privilege.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Keeping mediation a private process; recent decisions suggest that there likely is judicial recourse when opposing parties breach the proceedings' confidentiality
Article Abstract:
Courts have gone so far as to dismiss cases wherein one of the parties has breached the proceedings' confidentiality. Privacy of the mediation process has added to its popularity. Litigants as well as parties choosing between meditation and arbitration consistently choses mediation-- in part because of its promise of privacy.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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