Court Of Chancery Limits Confidentiality Agreements

Posted on January 27, 2010 by Edward M. McNally

New Radio Group LLC v. NRG Media LLC, C.A. 4951-VCL (January 27, 2010)

Litigants frequently seek to keep their dirty linen secret in litigation by asking the court to seal the court's files to public inspection. Chancery Rule 5(g) deals with the limits on that confidentality order and this decision shows that litigants cannot ask the Court for more than 5(g) permits. The better practice is to make the provisions of any order specifically subject to the rule.

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