N.Y. Comp. Codes R. & Regs. Tit. 22 r. 202.70.11-g - Proposed Form of Confidentiality Order
The following procedure shall apply in those parts of the Commercial Division where the justice presiding so elects:
(a) For all commercial cases
that warrant the entry of a confidentiality order, the parties shall submit to
the Court for signature the proposed stipulation and order that appears in
Appendix B to these Rules of the Commercial Division.
(b) In the event the parties
wish to deviate from the form set forth in Appendix B, they shall submit to the
Court a red-line of the proposed changes and a written explanation of why the
deviations are warranted in connection with the pending matter.
(c) In the event the parties wish to
incorporate a privilege clawback provision into either (i) the confidentiality
order to be utilized in their commercial case, or (ii) another form of order
utilized by the Justice presiding over the matter, they shall utilize the text
set forth in Appendix B, Paragraph 18 to these Rules of the Commercial
Division. In the event the parties wish to deviate from the language in
Appendix B, Paragraph 18, they shall submit to the Court a red-line of the
proposed changes and a written explanation of why the deviations are warranted
in connection with the pending matter.
(d) In the event the parties wish to
incorporate Attorney's Eyes-Only protection, the parties shall submit to the
Court for signature the proposed stipulation and order that appears in Appendix
F to these Rules of the Commercial Division. Appendix F provides both a clean
form of order as well as a redline, which illustrates how it differs from the
confidentiality order without Attorney's Eyes-Only protection and referenced in
Rule 11-g(a) above. In the event the parties wish to deviate from the
Attorney's Eyes-Only form set forth in Appendix F, they shall submit to the
Court a redline of the proposed changes and a written explanation of why the
deviations are warranted in connection with the pending matter.
(e) Nothing in this rule shall preclude a
party from seeking any form of relief otherwise permitted under the Civil
Practice Law and Rules.
Notes
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