• Delaware Court of Chancery Unveils New Rule for Confidential Filings
  • November 21, 2012 | Author: Christian D. Sheehan
  • Law Firm: Schnader Harrison Segal & Lewis LLP - Philadelphia Office
  • On November 5, 2012, the Delaware Court of Chancery unveiled a change to its rules for handling confidential filings. The new rule, Rule 5.1, which will go into effect January 1, 2013, imposes stricter requirements on parties seeking to submit confidential filings, reduces the categories of information that are entitled to protection, and streamlines the process for challenging documents filed confidentially. The rule is limited, however, to filings presented to the Court, and does not affect the ability of parties to enter into confidentiality stipulations to govern discovery. In this Alert, we highlight the ways in which Rule 5.1 departs from prior practice, and explore the implications for individuals and businesses litigating cases involving sensitive information in the Delaware Court of Chancery.