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We use Motions to Seal frequently in this regard.
https://www.med.uscourts.gov/pdf/GuidelinesfortheFilingofConfidentialInformationinCivilCases.pdf
You could consider having a motion to seal ready and send the ready to file complaint to the other side before you file. Let them know you intend to publicly file the complaint unless they tell you otherwise by (tomorrow). Then, if they don’t respond, you’re on surer footing.
That being said, it’s fairly common to file these under seal (or partially under seal). In the sealing application, you can note that you don’t think it needs to be under seal, but out of an abundance of caution, are filing under seal due to the parties’ confidentiality agreement. This will then usually put the burden on the other side to defend it being under seal.
Does the confidentiality clause not include an exception for disclosure as part of litigation?
Thank you this is helpful. The information isn’t truly confidential in nature, the agreement just has a confidentiality clause. However, the information is material for the pleading, so I suppose the other side can file a motion to seal, if they want.
Is the information you would be disclosing also publicly available? The precise language of the confidentiality clause is also important to know