Chubb Global Markets Lloyds Syndicate 2488 and others following on Policy…

Background

The parties, through counsel, jointly requested a protective order under Federal Rule of Civil Procedure 26(c). They represented that discovery would involve confidential documents and information whose public disclosure could harm the producing person or a third party owed confidentiality. The order applies to the parties, their representatives, agents, experts, consultants, third parties providing discovery, and other people with actual or constructive notice of the order.

Confidentiality Designations

A producing person may designate material as “Confidential” only when public disclosure is restricted by law or would harm business, commercial, financial, or personal interests, or interests of a third party owed confidentiality. The order lists previously undisclosed financial information, nonpublic-company ownership or control information, business and marketing plans, personal or intimate information, and other categories later approved by the court. It establishes procedures for marking documents and deposition testimony and permits a producing person to correct an earlier failure to designate material as confidential.

Limits on Disclosure and Use

Confidential discovery material generally may be disclosed only to specified recipients, including the parties and their insurers, litigation counsel and support personnel, outside litigation vendors, mediators or arbitrators, authors or recipients identified on a document, potential witnesses, experts, deposition transcription personnel, and the court. Mediators, arbitrators, witnesses, and experts must first sign a nondisclosure agreement in the form attached to the order. Recipients may use the material only to prosecute or defend this action and related appeals, not for business, commercial, or competitive purposes.

Challenges, Sealing, and Personal Information

A party may object to a confidentiality designation or request additional disclosure limits, such as attorneys’-eyes-only treatment in extraordinary circumstances. If the parties cannot resolve the dispute, they must present it to the court under the court’s individual practices. Anyone seeking to file redacted material or material under seal must first obtain permission and follow those practices. The order states that confidentiality does not create a presumption that material will be sealed and warns that the court may refuse confidential treatment, especially for material introduced at trial or supporting or opposing summary judgment. Personal identifying information exchanged in discovery must be kept secure, and a recipient experiencing a data breach must promptly notify the producing person and cooperate in addressing it.

Disposition and Continuing Effect

Judge Lewis J. Liman ordered the protective order. It remains effective after the litigation ends. Within 30 days after final disposition, confidential discovery material and copies must be returned to the producing person or destroyed if the producing person permits. The court retains jurisdiction as necessary to enforce the order, and willful violations may result in contempt punishment.