Also known as: discloses information · disclosed information · disclosing information · disclosure of information · disclosure · reveal information · divulge information
Written by attorneys · grounded in primary & secondary sources — see below
The act of revealing facts or data to another party or authority as required by procedural rules, fiduciary duties, or evidentiary standards.
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Dorothy Daniels served requests for production on Dominion Capital but received no documents after repeated follow-ups. She filed a motion in the pending federal case and attached a certification describing her good-faith attempts to resolve the impasse informally. The court granted the motion and ordered Dominion Capital to produce the withheld materials within fourteen days.
Derek Douglas's litigation team inadvertently produced a privileged email during document production. The team had used keyword searches and privilege logs to screen files beforehand. Upon discovering the error, counsel promptly notified opposing counsel and demanded return of the document under the protective order.
Daphne Doyle, a director of Desert Oil, disclosed to the other qualified directors that she held a personal interest in a proposed land purchase. The qualified directors then met without her and approved the transaction by majority vote after deliberating on the disclosed facts.
Daniel Diaz learned that his client planned to use the lawyer's prior work product to perpetrate a fraud causing substantial financial injury to third parties. Diaz disclosed limited information to the affected victims after determining that disclosure was the only reasonable means to prevent the harm.
Diana Delgado refused to answer grand-jury questions about private conversations she had with her husband during their marriage. The government failed to rebut the presumption that those communications were confidential, so the court sustained the privilege claim and barred compelled disclosure.
Destiny Davis, a partner in Dakota Industries, disclosed all material facts concerning a self-dealing transaction to the other partners. After receiving the full disclosure, the partners unanimously authorized the transaction, thereby ratifying what would otherwise have breached the duty of loyalty.
A party may move for an order compelling disclosure after providing notice to other parties and affected persons. The motion must include a certification that the movant conferred in good faith with the opposing party in an effort to obtain the information without court involvement.
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The holder must have taken reasonable steps to prevent disclosure in the first place and must promptly take reasonable steps to rectify the error once discovered, including following the procedure in Federal Rule of Civil Procedure 26(b)(5)(B).
…to associate and privacy in one’s associations,” noting that freedom of association is a peripheral First Amendment right. Disclosure of membership lists of a constitutionally valid association, we held, was invalid “as entailing the likelihood of a substantial restraint upon the exercise by petitioner’s members of their…
…than if he were an adult." [^maj-5]: (Majority n. 5) The more comprehensive and effective the procedures used to prevent public disclosure of the finding, the less the danger of stigma. As we indicated in Gault , however, often the "claim of secrecy . . . is more rhetoric than reality." 387 U. S., at 24. [^maj-6]: (Majority…
…to expunge the grand jury's action naming the President as an unindicted co-conspirator and for protective orders against disclosure
…against manipulation of stock prices. See S. Rep. No. 792, 73d Cong., 2d Sess., 1-5 (1934). Underlying the adoption of extensive disclosure requirements was a legislative philosophy: "There cannot be honest markets without honest publicity. Manipulation and dishonest practices of the market place thrive upon mystery and…
…detailed provisions of the Lanterman-Petris-Short Act regulating the disclosure of confidential
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Required disclosure of information not already known by qualified directors allows the transaction to be authorized by the affirmative vote of a majority of those qualified directors who deliberate and vote outside the conflicted director's presence.
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A lawyer may reveal information to the extent reasonably believed necessary to prevent reasonably certain death or substantial bodily harm or to prevent the client from committing a crime or fraud that would cause substantial injury to another's financial interests or property.
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Confidential communications between husband and wife are presumed confidential, and the burden rests on the government to overcome that presumption rather than on the spouse asserting the privilege.
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All partners may authorize or ratify the transaction after receiving full disclosure of all material facts, thereby excusing what would otherwise constitute a violation of the duty of loyalty.
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