Beginning in 2016 with Shane Group, Inc. v. Blue Cross Blue Shield of Michigan, the Sixth Circuit reminded federal district courts that only a few narrow categories of information -- true trade secrets, information covered by a recognized privilege, and information protected by statute (e.g., taxpayer IDs and protected health information) -- are entitled to be filed under a judicial seal. Otherwise, the public courts are just that: public. The substantive standards in Shane Group are nothing new -- they come directly from a 1983 decision, Brown & Williamson Tobacco Corp. v. FTC -- but the renewed emphasis still represents a fundamental change to the practice of Tennessee's federal courts. This CLE addresses the substance of the Shane Group line of cases and practical steps litigators and other attorneys can take to minimize the risk of unnecessarily exposing private documents in public litigation after Shane Group.

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