Chicco v. First UNUM Life Insurance Company
- Denise Cote
- 1:20-cv-10593
- U.S. District Court · Southern District of New York
- 2
In Chicco v. First Unum, Judge Cote received a request to seal two exhibits; the supplied text shows no ruling.
Michelle Chicco, Riemer Hess LLC, the clients whose retainer agreements were included in Exhibit B, and the public’s access to the court-filed exhibits.
What happened
Chicco v. First Unum Life Insurance Company concerns Michelle Chicco’s request to keep two exhibits filed with her attorney’s April 8, 2022 affirmation from public view.
The requested exhibits were a confidential PricewaterhouseCoopers report and retainer agreements involving ten recent hourly-rate clients of Riemer Hess LLC. The letter argued that the documents contained commercially sensitive information, client-identifying information, and attorney-client communications.
Judge Denise Cote’s ruling is not included in the supplied text. The text is a letter motion asking the court to seal Exhibits A and B, so it does not show whether the request was granted or denied.
The detailed version
- Chicco v. First UNUM Life Insurance Company · No. 1:20-cv-10593
- Denise Cote
- Apr. 8, 2022
Nature of the Filing
The supplied document is a letter motion by plaintiff Michelle Chicco asking the court to maintain two exhibits under seal. It cites Federal Rule of Civil Procedure 5.2 and the court’s individual practices, as well as a previously entered stipulated confidentiality agreement and protective order.
Documents at Issue
Exhibit A is identified as the 2020 Finance & Operations Report of AmLaw Second 100, issued in June 2021 by PricewaterhouseCoopers LLP. The letter says the report was intended for internal benchmarking and decision-making, was not intended for disclosure to third parties, and could cause commercial harm if competitors obtained it without paying a fee.
Exhibit B consists of retainer agreements for Riemer Hess LLC’s ten most recent hourly-rate clients, including an agreement with a current client in pending litigation. The letter says these agreements contain retainer amounts, fee ranges, and the names of insurance companies administering Riemer Hess clients’ claims.
Arguments for Sealing
The letter argues that Exhibit A contains commercially confidential information and that disclosure could damage Riemer Hess LLC’s relationship with PricewaterhouseCoopers. It argues that Exhibit B contains information implicating attorney-client privilege and highly proprietary material, including client-identifying information and fee terms. The letter relies on decisions discussing the presumption of public access to federal court documents and the court’s discretion to seal documents when good cause exists.
Disposition
The supplied text does not include an order by Judge Denise Cote or state whether the letter motion was granted, denied, or otherwise resolved. Accordingly, the court’s disposition cannot be determined from this text.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.