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Rule 11-g Amended to Include “Attorneys Eyes Only” Designation

On September 23, 2020, Chief Administrative Judge Marks amended Commercial Division Rule 11-g and the Division’s Standard Form Confidentiality Order (SFO”) to allow parties to designate certain documents as highly confidential for attorneys eyes only (AEO”). Such a designation already exists in federal court, and it will be useful in the Commercial Division in matters involving particularly confidential issues such as the disclosure of confidential business information between competitors and disclosure of trade secrets.

The amendment includes an updated SFO that contains the form of AEO designation (as Exhibit 1 to Judge Marks’ order).  Under the revised rule, the updated SFO will be appended as Appendix F to the Commercial Division rules. 

The Rule will take effect on October 13, 2020.

By Michael Farinacci and Muhammad U. Faridi