The Martindell Presumption Does Not Extend to Protective Orders in Arbitrations

April 17, 2024  |  New York Law Journal

For 45 years, the Second Circuit has employed a presumption against allowing the government to subpoena materials subject to a protective order entered by a judge in a civil case. Recently, Southern District Judge Jesse M. Furman in In re Grand Jury Subpoena Dated February 23, 2024 addressed whether this so-called Martindell presumption extends to materials subject to a protective order issued not by a judge, but by an arbitrator, ultimately deciding it does not. In their latest article for the NYLJ, “The Martindell Presumption Does Not Extend to Protective Orders in Arbitrations,” Morvillo Abramowitz Grand Iason & Anello partners Edward M. Spiro and Christopher B. Harwood discuss Judge Furman’s decision, as well as other ways in which courts have cabined the reach of the Martindell presumption. 

The Martindell Presumption Does Not Extend to Protective Orders in Arbitrations (pdf | 206.55 KB)