Protecting Confidential Information – the Interplay between Implied Undertaking, Protective Orders/Agreements, and the Open Court Principle
Tuesday, June 27, 2023, 1 pm - 2 pm ET
Held on Tuesday, June 27, 2023, 1 pm - 2 pm ET
In Fibrogen, Inc. v. Akebia Therapeutics, Inc., 2022 FCA 135, the Federal Court of Appeal recently clarified the scope of the implied undertaking rule in the Federal Court, and how it intersects with the open court principle and protective orders/confidentiality agreements. This panel will discuss:
- Recent jurisprudence on protective orders, culminating in the decision in Canadian National Railway Company v. BNSF Railway Company, 2020 FCA 45;
- History of the implied undertaking rule in the Federal Courts and other jurisdictions;
- Open court principle, confidentiality orders, and the principles in Sierra Club of Canada v. Canada (Minister of Finance), 2002 SCC 41;
- Intersection of these various confidentiality protections; and
- Impact of discontinuance.
Continuing Professional Development
This program contains up to 1 hour Professionalism or Ethics where applicable.
| Hours | |
Law Society of Ontario | 1 |
| Barreau du Québec | 1 |
| Law Society of British Columbia | 1 |
| Law Society of Saskatchewan | 1 |
| Law Society of Manitoba | 1 |
| Law Society of Alberta | 1 |
| New York State CLE Board | 1 |
** An application for accreditation of the session will be submitted upon request by a participant
This organization has been approved as an Accredited Provider of Professionalism Content
by the Law Society of Ontario.
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