CITIGROUP, INC., CITICORP INVESTMENT SERVICES, INC., AND CITIGROUP GLOBAL MARKETS, INC., F/K/A SALOMON SMITH BARNEY, INC., PETITIONERS,
v.
JACK HOLTSBERG AND ELAINE M. HOLTSBERG, RESPONDENTS
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Citigroup sought a writ of certiorari to review the trial court's discovery protective order, claiming the court failed to maintain confidentiality of trade secrets and personal information. The appellate court affirmed the trial court's decision, finding that the trial court properly reviewed documents and granted appropriate redactions while reasonably denying broader confidentiality protections.
The trial court did not depart from the essential requirements of law. The court properly reviewed the documents and granted protective orders and redactions where necessary to protect individual privacy, while reasonably determining that the remaining documents did not warrant confidential treatment despite Citigroup's assertions.
[1] A trial court does not depart from the essential requirements of law by granting protective orders when necessary after carefully reviewing discovery documents.
[2] A party seeking to resist discovery based on a trade secret privilege must adequately explain how the documents constitute trade secrets and demonstrate good cause for pr…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“When trade secret privilege is asserted as the basis for resisting production, the trial court must determine whether the requested production constitutes a trade secret; if so, the court must require the party seeking production to show reasonable necessity for the requested materials. The burden is on the party resisting discovery to show 'good cause' for protecting or limiting discovery by demonstrating that the information sought is a trade secret or confidential business information and that disclosure may be harmful.”
Establishes the legal standard for asserting trade secret privilege in discovery disputes and allocates the burden of proof.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRespondents sued Citigroup for damages based on allegedly false reports about WorldCom stock made by a Citigroup subsidiary employee. During discovery…
The full statement of facts, procedural history, and disposition for this case are member content.
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WARNER, J.
Petitioner Citigroup seeks a writ of certiorari to review the trial court’s protective order regarding documents produced in discovery. It claims that the trial court departed from the essential requirements of law by not determining that various documents should remain confidential because they were trade secrets or invaded the privacy of individuals. Because the trial court carefully reviewed all discovery and granted protective orders when necessary, the court did not depart from the essential requirements of law. We deny the petition.
The respondents sued Citigroup for damages because of allegedly false reports by an employee of its subsidiary, formerly Salomon Smith Barney, Inc., regarding WorldCom stock. In connection with discovery, Citigroup produced millions of documents. While it produced those documents for use by the respondents, it requested an order requiring the respondents to maintain their confidentiality. The trial court conducted a hearing over several days, reviewing each document claimed confidential. It agreed that the confidentiality of several individuals mentioned in documents required redaction of their names and other personal data. It also redacted other portions of records. However, as to the remainder of the documents, the court denied the motion.
In its petition, Citigroup contends that many of these documents included trade secrets. However, neither at the hearing below nor in the instant petition has Citigroup adequately explained how these documents constitute trade secrets. And we cannot conclude that any of the documents are so obviously in need of confidentiality to say that the trial court departed from the essential requirements of law. See Am. Express Travel Related Servs., Inc. v. Cruz, 761 So. 2d 1206, 1208-09 (Fla. 4th DCA 2000) (“When trade secret privilege is asserted as the basis for resisting production, the trial court must determine whether the requested production constitutes a trade secret; if so, the court must require the party seeking production to show reasonable necessity for the requested materials. The burden is on the party resisting discovery to show ‘good cause’ for protecting or limiting discovery by demonstrating that the information sought is a trade secret or confidential business information and that disclosure may be harmful.”).
Citigroup also claims that some of the documents contained personal information regarding individuals, which implicates these individuals’ privacy interests. However, it is apparent from the record that the trial court redacted such personal information as it deemed necessary to protect the individuals privacy interests, thus balancing the competing interests involved. See Alterra Healthcare Corp. v. Estate of Shelley, 827 So. 2d 936 (Fla.2002). Other than making a blanket claim that the privacy of individuals would be compromised by the release of the documents, Citigroup has not proven its claim by pointing to specific documents or individuals needing such protection. The trial court itself examined each claim and redacted some documents to protect individual privacy. Based upon the petition, we cannot conclude that the court departed from the essential requirements of law.
For these reasons, we deny the petition.
SHAHOOD and MAY, JJ., concur.
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Wal-Mart Stores E., L.P. v. Shelia Endicott and her husband Dan Endicott, 81 So. 3d 486 (Fla. 1st DCA 2011)…of documents was reviewable by certiorari where petitioner alleged the documents contained trade secrets of which the disclosure would cause irreparable harm, and respondent did not allege otherwise prior to the appeal); Citigroup Inc. v. Holtsberg, 920 So. 2d 25 (Fla. 4th DCA 2005) (stating certiorari lies to review a trial court order which compels production of trade secrets or other confidential information). Here, the underlying protective order, by its express terms, authorizes a procedure by which Wa…
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State Farm v. Collision Concepts 01 2015 (15th Cir. Ct. App. Div. 2015)…as a material injury that cannot be remedied on direct appeal, and (2) a departure from the essential requirements of law. Int'l House of Pancakes (IHOP) v. Robinson, 124 So. 3d 1004, 1006 (Fla. 4th DCA 2013); see also Citigroup, Inc. v. Holtsberg, 920 So. 2d 25 (Fla. 4th DCA 2005); Gazerro v. Crane, 890 So. 2d 446 (Fla. 4th DCA 2004). 1. Irreparable Harm As to the first prong of the test, we agree with Petitioner that full and unredacted disclosure of the Survey would cause irreparable harm. The disclosu…
Authorities Cited
- Alterra Healthcare Corp. v. Est. OF Francis Shelley, 827 So. 2d 936 (Fla. 2002)
- Am. Express Travel Related Servs., Inc. v. Cruz, 761 So. 2d 1206 (Fla. 4th DCA 2000)