The Delaware Court of Chancery recently reminded litigants of the “fundamental right . . . to an open court system.” Minnie Sarwal v. Nephrosant, Inc., C.A. No. 2023-0222-BWD (Del Ch. May 11, 2023). The Court’s ruling in Sarwal, as well as another recent decision, serve as a strong reminder that litigants should not presume information will be kept confidential, no matter how sensitive it may be. If a party cannot demonstrate a particularized harm from disclosure that outweighs the public interest in accessing the information, the Court of Chancery will not permit confidential treatment.
https://ma-litigation.sidley.com/wp-content/uploads/sites/3/2022/08/sidleyLogo-e1643922598198.png 0 0 Jim Ducayet https://ma-litigation.sidley.com/wp-content/uploads/sites/3/2022/08/sidleyLogo-e1643922598198.png Jim Ducayet2023-06-06 11:10:092023-09-08 10:05:30The Presumption of Public Access: From Internal Investigations to Arbitration Agreements, Delaware Courts Disfavor Confidentiality