Publications

Pending Illinois Legislation Threatens Usefulness of Protective Orders
04/28/2003

Illinois House Bill 1191, also commonly known as the "Sunshine in Litigation" legislation, is pending in the Illinois General Assembly. The bill proposes to amend the Illinois Code of Civil Procedure to prohibit judges from entering court orders or judgements that may conceal "public hazards." If passed, this bill would significantly limit a judge's discretion to issue protective orders in pending litigation. It would give almost any citizen or member of the media standing to challenge the validity of any protective order entered by the court on the basis that the order may conceal a public hazard. HB 1191 would significantly affect the manner in which litigation is conducted. It also would severely compromise a litigant's ability to protect its trade secrets, intellectual property and proprietary commercial information.

 Download Pending Illinois Legislation Threatens Usefulness... [pdf]