N.Y. Comp. Codes R. & Regs. tit. 22 § 202.70.11-g

Current through Register Vol. 46, No. 25, June 18, 2024

Rule 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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.70.11-g

Adopted New York State Register July 20, 2016/Volume XXXVIII, Issue 29, eff.7/1/2016

Amended New York State Register August 8, 2018/Volume XL, Issue 32, eff.7/1/2018

Amended New York State Register October 14, 2020/Volume XLII, Issue 40, eff. 10/13/2020

Amended New York State Register April 13, 2022/Volume XLIV, Issue 15, eff. 4/11/2022