The brief is written. The exhibits accompanying it have been assembled with care. The phone rings. The client advises that Exhibit #12 contains sensitive information that it does not want to be made public as a result of the filing. Your only option is to get the document filed under seal.
This scenario is not uncommon in New York practice. Corporate litigants increasingly want to protect commercially sensitive documents from being released into the public domain as part of a court filing. Accordingly, New York state and federal courts provide for the filing of documents under seal, the mechanism by which commercially sensitive materials may remain non-public.
