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  • Kirk Hartley

Bankruptcy Court Secrecy – the Apple Version

How about a secret chapter 11 proceeding, to benefit Apple’s penchant for secrecy?  The issues are arising in the context of a chapter 11 filing by a would-be supplier to Apple of sapphire glass, GT Advanced. The secrecy sought for Apple seems contrary to law, and contrary to demands by the US Chamber of Commerce for transparency in bankruptcy court proceedings in Garlock. LAW360 has the story, and relevant papers.

Also compare and consider a recent ruling that upheld a Florida medical malpractice law. According to a story regarding the ruling, the 11th Circuit held that a claimant consents to state law by filing suit, and thereby waived any right to block  ex parte discussions of medical records between defense lawyers and the treating doctor. By parity of reasoning, a chapter 11 debtor consents to disclosure of its affairs, regardless of prior confidentiality terms.

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About Kirk

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”

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