[Session 2] Is There a Need for Guidance and Uniformity in Filing ESI Under Seal?

The Federal District Courts find sealing authority from varying Federal Rules of Civil Procedure, with no national uniformity as to which rule applies. Moreover, sealing requirements and procedures vary widely from one court to the next, with some courts imposing expensive, complex, and burdensome requirements to file under seal. What recommended best practices for practitioners are needed for sealing electronically stored information (ESI) and the process for doing so? What approach to filing ESI and documents under seal balances the interests of the public and the interests and obligations of litigants, particularly those responsible for protecting the privacy or security of third-party information? A Brainstorming Group is considering these issues and whether WG1 should prepare a Commentary on the subject. This panel will discuss the status of that effort and obtain the input of the membership.