Roche Freedman LLP v. Jason Cyrulnik

Background

The document is a July 20, 2022, letter from counsel for the plaintiff and counterclaim-defendants, referred to as the “RF Parties.” The letter responds to Jason Cyrulnik’s July 15, 2022, request for permission to file an exhibit temporarily under seal.

The RF Parties asked the court to seal information concerning confidential exchanges and agreements between the firm and a client. They described the information as relating to a specific client and the client’s fee arrangement. The letter stated that the firm had made similar sealing requests in this case and that those requests had been granted. It also stated that a Florida court had granted a request to seal identical information in Cyrulnik’s then-stayed Florida lawsuit against the firm.

Arguments and legal standard

The letter acknowledged the general presumption that judicial records should be publicly accessible under both common law and the First Amendment. It argued that courts may seal records when necessary to protect higher values, including the attorney-client privilege—the protection for confidential communications and information exchanged between a lawyer and client for legal advice.

The RF Parties relied on Florida authorities cited in the letter. According to those authorities, information about a client’s identity and fee arrangement may be protected by attorney-client privilege under Florida law, which Cyrulnik argued governed the action. The letter also cited authorities recognizing attorneys’ duties to maintain client information as confidential.

Ruling

The document bears an approval stating, “APPLICATION GRANTED,” and is signed by Judge John G. Koeltl. The court therefore granted the application to seal the information at issue. The text does not state additional details about the scope or duration of the seal.