Jenner & Block

“What Sort of Risk is Enough to Place Information Under Seal?” Daily Journal

In this article, Jenner & Block Partners Mary Ellen Callahan and Reena R. Bajowala examine a recent case in which a company successfully moved to seal pleadings and other court records by citing data security concerns.  The case involves a financial services firm, OneAmerica Financial Planners Inc., that sued the company it hired to perform IT infrastructure services, T-Systems North America Inc.  One America claimed fraud, fraudulent inducement, negligence, promissory estoppels and breach of contract.  OneAmerica also moved to seal several documents that specified details about its software applications, hardware, vendors, IT policies and more.  “Although this opinion provides some level of comfort, where IT policies and procedures are – or can become – critical to the substantive issues in the case, a court may find that the balance shifts to public disclosure,” the authors conclude.  The article is the latest installment of Ms. Callahan’s regular Privacy and Information Governance (PIG) Tales column in the Los Angeles and San Francisco Daily Journal.