White & Case partner Joel Cohen, counsel Marietou Diouf and associate Robert DeNault published a byline in the New York Law Journal examining how the US Court of Appeals for the Second Circuit's decision in United States v. Greenwood alters the longstanding expectations for materials submitted to a federal court for criminal sentencing to offer less protection from public disclosure.
The article explains that the Second Circuit ruled that sentencing submissions can only be sealed or redacted if a court makes "specific, on-the-record findings that sealing is necessary to preserve 'higher values,' and that sealing orders must be narrowly tailored to achieve those values."
As a result of the ruling, the authors state that it is "more likely that documents filed with courts in connection to criminal sentencing will no longer be sealed in their entirety or redacted" and advise attorneys to "remain cognizant of the fact that legal filings are generally presumed to be available for public consumption."
Read the full article here.
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