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Expert Analysis

Examining Chancery's Relaxed New Confidential Filing Rules

By Daniel J. McBride ( July 29, 2024, 4:56 PM EDT) -- Effective June 14, as part of its ongoing rule-modernization project, the Delaware Court of Chancery overhauled Rule 5. 1, which governs confidential filings. Numerous constructive changes to Rule 5. 1 include a helpful restatement of the definition of "confidential information," enhanced protection for nonlitigant confidentiality interests, fee-shifting to discourage Rule 5. 1 abuse, authorization to file papers under seal without a court order, and new public version deadlines. . . .

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