Leifer v. Live Nation Entertainment

Nature of the Order

The court entered a stipulated protective order proposed through counsel for the parties. The order applies to the related actions identified in the document as In re Live Nation Entertainment, Inc. and Ticketmaster L.L.C. Antitrust Litigation, Lead Case No. 1:24-cv-03994 (AS), and the action brought by James R. Jacobson, Case No. 1:24-cv-06538 (AS). The order governs confidential information exchanged during discovery; it does not decide the underlying antitrust dispute.

Protected Information

The order permits parties and nonparties to designate qualifying discovery material as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” The stated examples include trade secrets, confidential research and development information, commercially sensitive information, operating plans, market analyses, nonpublic contracts, negotiating positions, business strategies, financial information, and private information. Designations must be limited to material that qualifies for protection, and mass or indiscriminate designations are prohibited. Clearly unjustified or improper designations may lead to sanctions.

Use and Access

Protected material may be used only to prosecute, defend, or attempt to settle the action. It must be stored securely and disclosed only to categories authorized by the order. “CONFIDENTIAL” information may be shared, when reasonably necessary, with specified counsel, party personnel, experts who sign the required agreement, court personnel, court reporters, certain consultants and vendors, identified document authors or recipients, deposition witnesses under stated conditions, mediators, and insurers. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” material may be shared with up to three qualifying in-house counsel and the other categories listed in the order, including outside counsel, experts, court personnel, court reporters, certain vendors, identified document authors or recipients, and mediators.

Challenges, Subpoenas, and Privilege

A party or nonparty may challenge a confidentiality or privilege designation at a time consistent with the case schedule. Counsel must first confer in good faith, and the designating party bears the burden of persuasion if the dispute reaches the court. The order also establishes notice and cooperation requirements when protected material is subpoenaed or ordered produced in another case. It provides procedures for nonparty confidential information sought in this litigation.

If privileged or otherwise protected material is inadvertently produced, the order provides for notice, cessation of use, segregation, return or destruction, and reasonable efforts to retrieve the material. It states that inadvertent disclosure does not waive the applicable privilege or protection to the maximum extent permitted by law, while preserving the right to challenge a confidentiality or privilege designation.

Sealing and Duration

The order does not itself authorize filing documents under seal. A party seeking sealing must follow the court’s individual practices and applicable local rules and obtain a court order for the specific material. Redaction is required when confidential portions can be removed while leaving a public version.

The order generally remains in effect through final disposition, defined as the end of appellate proceedings or the expiration of the time to appeal if no appeal is taken. After final disposition, receiving parties generally must return or destroy protected material within 60 days and provide written certification. Counsel may retain specified archival materials, and backup media need not be restored for return or destruction, but retained material remains subject to the order. Once trial begins, material used or introduced as an exhibit becomes presumptively public unless the trial judge makes the required findings for continued sealing.

Disposition

“For good cause shown,” Judge Arun Subramanian ordered the stipulated protective order on October 28, 2025. The order states that violations may be addressed through appropriate measures, including contempt proceedings and monetary sanctions.