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ARTICLE · 08 NOVEMBER 2017

Practice Pointer: "An Absolute Plague"

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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You cannot retract any confidential information after you file a document publicly.

United StatesLitigation, Mediation & Arbitration

You cannot retract any confidential information after you file a document publicly. If an error is made, the clerk's office can accept requests to address the error during working hours. At oral argument counsel may be asked to justify any claims of confidentiality. Judge Dyk has expressed distaste for this practice, calling it "an absolute plague." Briefs can be rejected for not describing the general nature of confidential material deleted from a brief.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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