After a wave of cyberattacks targeting the federal Case Management/Electronic Case Files (CM/ECF) system, US chief judges are rolling out stricter safeguards that will significantly change how sealed documents are handled in federal trial courts. The new measures restrict online access to sealed filings and require parties in sensitive, high stakes matters to exchange sealed materials through private, consensual arrangements or nonelectronic service methods.
McCarter & English’s Washington, DC office managing partner Matthew Wright discussed these changes with the National Law Journal, noting that while the rules feel like a shift, the underlying principles are familiar. “In many ways, this is not really new,” Matt said. “There have always been constraints and restrictions around handling sensitive materials.”