Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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October 30, 2023 Court Grants Motion to Seal Interrogatory Responses Revealing Costs of Pharmaceutical Products
In a Decision, dated September 30, 2023, in Zydus Worldwide DMCC v. Teva Pharmaceuticals Industries Ltd., 654824/2019, Justice Andrea Masley granted Plaintiff Zydus Worldwide DMMC’s motion to redact portions of interrogatory responses that revealed various costs related to the pharmaceutical products at issue in the action. The Court had previously denied a motion to seal certain other information brought by Defendant Teva Pharmaceuticals. However, the Court found that Zydus had demonstrated the requisite “good cause” to support sealing. The Court explained: Read More
February 10, 2023 Generalized Assertions of Good Cause for Sealing or Confidentiality Agreement Insufficient to Seal Court Records
On January 19, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in International Business Machines Corp. v. GlobalFoundries U.S. Inc., 2023 NY Slip Op 30203(U), holding that a party's "generalized assertions" of good cause and a confidentiality or sealing stipulation were insufficient to permit sealing of court records, explaining: Read More
December 16, 2022 "Confidential" Documents in Article 75 Proceeding Permitted to Be Sealed
On December 6, 2022, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Metropolitan Transportation Authority v. Westfield Fulton Center, 2022 N.Y. Slip Op. 34112(U), holding that confidential documents submitted in connection with an arbitration could be filed under seal in an Article 75 proceeding, explaining: Read More
November 9, 2022 Court Denies Motion To Seal Documents From Public View
In an Opinion, dated October 24, 2022, in Bravia Capital H.K. v. HNA Group Co., 2022 NY Slip Op 51039(U), Justice Robert R. Reed denied withdrawing counsel’s motion to permanently seal the documents filed in support of withdrawal.  The Court explained:  Read More