For nearly thirty years, New York State has recognized a qualified right of journalists to withhold nonconfidential
but unpublished editorial materials in the face of subpoenas from investigators and litigants.
New Rule 2.425 provides the procedures for protecting personal information being filed with the court; while Rule 2.420 governs the procedures for determining the confidentiality of information after it has been filed and for providing public access to nonconfidential
(75) Standard regulatory conventions may fairly treat public (i.e., nonconfidential
) information of an independent party-toparty settlement, by a client that third parties with direct knowledge of the transaction voluntarily provided, as information unrelated to the representation--i.e., as a separate collateral transaction outside the bounds of the client-lawyer relationship and, therefore, beyond the strictures of confidentiality or privilege.
In addition, the views of the interested parties will be sought in the context of the market investigation; the Commission can provide them with a nonconfidential
version of the SO, and they can be admitted to hearings, upon request, by a decision of the Hearing Officer.
The parenting coordinator may submit a written report or other written communication regarding any nonconfidential
matter to the court.
"Typically, having a conversation with your lawyer in a nonconfidential
setting, such as a crowded lunchroom, is viewed as a waiver of privilege," explains Jackson Lewis Partner Brett Anders.
The confidentiality of the process can be a great benefit when compared to the nonconfidential
alternative of litigation.
Also toward these ends, policy researchers should engage in a concerted effort to compile and study the nonconfidential
components of model standard licensing agreements in an effort to establish a broader understanding of standard access terms, to identify exemplary approaches, and to facilitate better-informed negotiations in those instances when data access is being sought.
The measure gives a qualified privilege to protect confidential and nonconfidential
information takes the form of television outtakes," (65) photographs taken in public places, and journalists' work product.
And although he acknowledged that some federal courts have recognized a common-law privilege, while others "audaciously declare" that Branzburg creates protection even for nonconfidential
sources, Posner was skeptical.
If the tribunal were to establish a legal precedent that journalists could be compelled to testify before a war crimes court--about either confidential or nonconfidential
sources--I sincerely believe much of the reporting I did and continue to do on war crimes would not have been possible....