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S.D.N.Y.OtherFiled Apr. 25, 2024

Alix v. McKinsey & Co., Inc.

Judge
Jesse Furman
Docket
1:18-cv-04141
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureDiscovery
In one sentence

In Alix v. McKinsey, counsel asked Judge Furman to seal Jay Alix’s deposition transcript because it contains confidential business information; the text contains no ruling.

Who this affects

Jay Alix, AlixPartners, LLP, McKinsey & Co., Inc., and the public’s access to the deposition transcript and related court filings.

What happened

In Alix v. McKinsey & Co., Inc., Jay Alix’s lawyers submitted a letter asking the court to seal his deposition transcript, which defendants filed with reply briefs concerning their motions under Rule 17.

The lawyers said the transcript discusses confidential business matters, including private discussions by the AlixPartners, LLP board. They argued that the transcript was not yet a court document subject to public access and that protecting sensitive business information outweighed the public’s interest in disclosure.

Judge Jesse M. Furman is identified as the judge, but the text provided is a lawyer’s request rather than a court order. It does not state that the court granted or denied the sealing request.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Alix v. McKinsey & Co., Inc. · No. 1:18-cv-04141
Judge
Jesse Furman
Date
Apr. 25, 2024

Filing and Request

Counsel for Jay Alix submitted a letter supporting Alix’s request to seal and redact confidential information in materials attached to defendants’ reply briefs concerning their Rule 17 motions. The specific item discussed is Alix’s deposition transcript, filed as an exhibit to a reply brief.

Arguments for Sealing

The letter states that the transcript refers to confidential business topics, including confidential discussions by the AlixPartners, LLP board. It also states that defendants had not challenged Alix’s confidentiality designations under the stipulated protective order. According to the letter, making the transcript public would reveal sensitive business information belonging to Alix and AlixPartners, described in the filing as a private company and McKinsey’s competitor.

The letter argues that the transcript was not then a “judicial document”—a filing relevant and useful to the court’s judicial work—because the court had not yet considered it and might never do so. Alternatively, counsel argued that, even if the transcript were relevant to the court’s work, confidentiality interests outweighed the public’s interest in disclosure. The letter characterized the request as narrowly tailored and consistent with the general presumption of public access to judicial documents.

Court Action

The provided text does not contain a ruling by Judge Jesse M. Furman. It is a letter from plaintiff’s counsel requesting sealing. The text therefore does not establish whether the court granted, denied, or otherwise acted on the request. It also refers to earlier temporary sealing orders and to the court’s future assessment of certain sealed materials, but those references do not state the disposition of the request described here.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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