Federal judges rarely defend their judicial actions outside of court. A recent kerfuffle over Federal Rule of Appellate Procedure (“FRAP”) 3 is a high-stakes (at least for federal practitioners) exception.

What interests are served by requiring that a motion to seal be filed “before or simultaneously with” the main filing to which it relates? Is there a different set of rules that might avoid the difficulties associated with eleventh-hour changes in a brief, while still protecting the interests of all parties and the public in keeping court records as open as possible?

The Seventh Circuit has traditionally built a reputation as one of the more pro-defendant jurisdictions for defendants in class action lawsuits. But in the past two years the Seventh Circuit has issued a spate of decisions appearing to favor…

Courts and the practicing bar have made great strides in recent years in policing and punishing discovery abuses. Rather than using the discovery process as an opportunity to obstruct the other side and coerce a favorable outcome by driving up litigation costs, most counsel now approach discovery…