Situations arise where a party files privileged communications to support a dispositive motion. But filing privileged documents raises waiver concerns, so the filing party seeks to seal those documents to prevent third-party access. The question arises whether policies underlying the attorney–client privilege overcome citizens’ common-law and First Amendment rights of access to publicly filed documents.
In Utica Mut. Ins. Co. v. Munich Reinsurance Am., Inc., 2017 WL 1653608 (NDNY Apr. 26, 2017), available here, the USDC NDNY indicated that the privilege is a “higher value” that may rebut the common-law and FA presumption of access. So, the court sealed the privileged communications, right?