“Grand jury subpoenas trump protective orders in arbitration, says NY judge”

Attorneys practicing in the Second Circuit take note. Allison Frankel of Reuters has authored this detailed and interesting analysis of United States District Judge Jesse Furman’s recent decision holding that a protective order entered in an arbitration cannot trump a grand jury subpoena. This decision, appearing to be one of first impression, distinguishes arbitral protective orders from those entered in civil litigation. As the article notes, longstanding Second Circuit authority (unlike that of other circuits) shields confidential civil discovery from grand jury subpoenas. Judge Furman’s decision notes that “[a]rbitrations do not possess the same stature.”