On Monday, the Delaware Court of Chancery issued a new rule governing confidential filings with the court – Court of Chancery Rule 5.1 – to replace the longstanding Rule 5(g). Rule 5.1 will become effective January 1, 2013. This overhaul of Rule 5(g) reflects the court’s historical concern with balancing the public’s right of access to judicial proceedings with parties’ interests in maintaining the confidentiality of certain information. (See the memorandum from the Delaware Court of Chancery, "Protecting Public Access to the Courts: Chancery Rule 5.1.") Rule 5.1 emphasizes at the outset that "proceedings in a civil action are a matter of public record," and, subject to the limitations outlined in the rule, all filings in the Court of Chancery "shall be available for public access." Notably, Rule 5.1 does not affect the practice of entering into confidentiality stipulations to govern discovery, and is unlikely to affect the designation of confidential and highly confidential material. Instead, Rule 5.1 focuses on confidential information that parties file with the court. Below is a description of the key provisions of Rule 5.1, including where the new rule deviates from the prior Rule 5(g).
Obtaining Confidential Treatment
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