No Sealing in Multi-Billionaire Leon Black’s Attempt to Enforce Arbitration Subpoena
From Monday’s decision by Magistrate Judge Reid Neureiter (D. Colo.) in Black v. Emerson:
This case involves a Petition to Compel Compliance with an Arbitral Subpoena …, filed March 31, 2025. In connection with that filing, Petitioner Leon Black also filed a motion to seal (restrict from public access) the entire proceeding—including the petition itself….
According to the Petition, this matter concerns Mr. Emerson’s alleged failure to comply with a subpoena for the production of documentary evidence that was duly signed and issued by a JAMS arbitration panel (the “Panel”) pursuant to the Federal Arbitration Act (“FAA”). The Panel is presiding over an arbitration currently pending in New York County, New York, entitled Leon Black v. Joshua Harris (the “Arbitration”). The arbitration clause of the relevant agreement provides that discovery issues are to be “guided generally by … the United States Federal Rules of Civil Procedure,” and specifically authorizes the Panel to issue third-party subpoenas ….
As justification for the restriction, Mr. Black argues that the Arbitration is a dispute over a contract which is subject to a mandatory confidentiality provision. Discovery in the Arbitration is, as required by the contract, subject to a confidentiality order which restricts the use of confidential or proprietary documents or information produced by any party or nonparty, including Mr. Emerson. And, Mr. Black, as a party to the Arbitration, is subject to the jurisdiction of the Panel, which has further ordered Mr. Black to use reasonable efforts to file all confidential information under seal….
“Although courts have discretion, sealing litigation documents, to say nothing of entire cases, is disfavored in the United States.” … The public has a fu
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