The United States District Court for the Northern District of Illinois recently adopted a policy that could cause public disclosure of documents filed under seal as recently as three months or as far back as 20 years ago. Other state and federal courts could follow suit. This article explains the northern district's policy and the local rule that makes it possible, identifies the risks of such policies, and offers concrete practice-management steps to lower those risks.
I. The Danger of Disclosure
Preserving the confidentiality of your client's sensitive documents is a serious issue, whether the client is an individual concerned about personal disclosures or a large corporation protecting valuable proprietary information.
