McDermott v. This Dog's Life Corp

Background

Matthew McDermott asked the court to maintain the seal on two retainer agreements between him and his past and present counsel, along with descriptions of those agreements. This Dog's Life Corp. had filed the materials in support of a request for a discovery conference. The defendant did not oppose keeping the materials sealed.

Legal standard

The court applied the Second Circuit's three-part framework for sealing court records. First, it considered whether the materials were judicial documents—filed materials relevant to the court's work and useful to the judicial process. Second, it considered the weight of the presumption that the public may access those documents. Third, it balanced that presumption against competing interests, including privacy interests. A court may seal materials only when specific findings show that sealing is essential to protect a higher value and is narrowly tailored to do so.

The court noted that the materials were submitted in connection with a discovery dispute, so the presumption of public access was low. It also considered authority stating that, absent special circumstances, a client's identity and fee information are not protected by attorney-client privilege.

Ruling

The request to maintain sealing of the two retainer agreements and descriptions of them was denied. After reviewing both agreements, the court found no privileged, confidential, or private information warranting sealing. The Clerk of Court was directed to unseal Dockets 71, 72-5, and 72-6.