Judicial Secrecy
Vol. 59
November 2025
Page 227
Litigation involving well-known parties like Apple often receive much attention for their underlying allegations and their findings on the merits. These cases often have far-ranging implications not only for the parties in the case, but often to the relevant industry, and in establishing doctrinal precedent. Yet one aspect receives virtually no discussion or attention, even though its implications are potentially injurious to the operation of our courts as an institution. This silent syndrome involves the relatively benign practice of sealing court records. The kinds of information being sealed, however, are not just the company secrets that one might expect.
This Article exposes and explores this sealing phenomenon, and its implications for transparency and public access in our courts. It identifies the structural harms that result from what, on the surface, appears to be a mere court administration issue. It illustrates an underlying theme of secrecy obscuring transparency, not in a commercial context here, but rather in the workings of one of our most critical public institutions.