Tricks of the Trade Secrets – Can Casino Applications Be Kept Confidential?

With the recent slew of casino application filings being submitted to the Massachusetts Gaming Commission, following the passage of the Massachusetts Expanded Gaming Act in 2011, a new question has many on Boston’s Beacon Hill scratching their heads – can the contents of such filings be considered trade secrets?

The Gaming Commission’s standard casino application form includes a list of 47 filings that the Commission presumes applicants will want to keep confidential, but applicants can request that additional filings also be kept confidential. Recently, Wynn Resorts submitted an application to the Gaming Commission for a proposed casino in the Boston suburb of Everett, and requested that an additional 38 filings (constituting 77 pages total) be considered trade secrets protected from public disclosure. These filings include Wynn’s plans for how the proposed casino will fit the “Massachusetts brand,” its plans

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