The Capital Markets Company, LLC v. Halpern
- Katherine Failla
- 1:22-cv-07637
- U.S. District Court · Southern District of New York
- 3
In The Capital Markets Company v. Halpern, Judge Failla granted Capco’s request to seal Exhibit A, limiting access to the court and parties.
The Capital Markets Company, LLC, the opposing party, the court, and members of the public seeking access to the sealed documents. The sealed documents are visible only to the court and the parties.
What happened
The Capital Markets Company, LLC asked to file Exhibit A under seal in support of its request for a temporary restraining order, preliminary injunction, and expedited discovery. Capco said the exhibit contained confidential information about its incentive plans and compensation practices.
The court granted the application. The Clerk was directed to keep the documents at docket number 26 under seal, visible only to the court and the parties, and to terminate the pending motion at docket number 25.
Judge Katherine Polk Failla entered the sealing order on September 14, 2022.
The detailed version
- The Capital Markets Company, LLC v. Halpern · No. 1:22-cv-07637
- Katherine Failla
- Sept. 14, 2022
Background
The Capital Markets Company, LLC, referred to as Capco in the filing, asked for permission to file Exhibit A to a declaration under seal. The exhibit supported Capco’s request for a temporary restraining order, preliminary injunction, and expedited discovery.
Capco’s filing stated that Exhibit A described its incentive-plan offerings and compensation philosophy, including plan terms, bonus formulas, target bonuses, discretionary bonus considerations, performance assessments, and examples showing how the plans operated. Capco argued that public disclosure could harm its competitive position by giving competitors information that could help them recruit Capco employees.
Ruling
The application was granted. The Clerk of Court was directed to maintain the documents at docket number 26 under seal, with access limited to the court and the parties. The Clerk was also directed to terminate the pending motion at docket number 25.
The order did not decide the underlying request for a temporary restraining order, preliminary injunction, or expedited discovery. It addressed only the request to seal Exhibit A.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.