Sunshine' Should Not Trump Privacy in Civil Litigation

Abstract:

The Sunshine in Litigation Act would limit judges' discretion to approve and enforce litigants' confidentiality agreements. In many cases, discovery would grind to a halt as parties, unable to rely on broad protective orders, would be forced to challenge far more requests for evidence. Plaintiffs especially would lose out. Without the ability to offer confidentiality, they could expect to see smaller settlements, higher litigation costs, and even the disclosure of their own personal information.