Befuddling that this happened again. It’s not the first time - Paul Manafort court filing (U.S., 2019) Manafort’s lawyers filed a PDF where the “redacted” parts were basically black highlighting/boxes over live text. Reporters could recover the hidden text (e.g., via copy/paste). - TSA “Standard Operating Procedures” manual (U.S., 2009) A publicly posted TSA screening document used black rectangles that did not remov…
> - Associated Press + Facebook valuation estimate in court transcript (U.S., 2009) The AP reported it could read “redacted” portions of a court transcript by cut-and-paste (classic overlay-style failure). Secondary coverage notes the mechanism explicitly. What happens in a court case when this occurs? Does the receiving party get to review and use the redacted information (assuming it’s not gagged by other means) or…
Curious. I am not a litigator but this is surprising if you found support for it. My gut was that the general obligation to be a zealous advocate for your client would require a litigant to use inadvertently disclosed information unless it was somehow barred by the court. Confidentiality obligations would remain owed to the client, and there might be some tension there but it would be resolvable.