As part of its representation in a high-profile case involving federal criminal charges of tax fraud and conspiracy surrounding Eastman Kodak Co. in Rochester, New York, DerOhannesian & DerOhannesian successfully argued for sealing portions of its client’s sentencing memorandum including sensitive personal information.
Rather than publicly disclosing information regarding its client’s medical history and treatment by conventionally filing such papers electronically, DerOhannesian & DerOhannesian sought leave to file portions of their motion under seal. Honorable David G. Larimer, a judge for the Western District of New York, ruled that the exhibits and any references made thereto of the defendant’s treating psychotherapist and psychiatrist which described her diagnoses, treatment and medication, should be sealed. This ruling protected DerOhannesian & DerOhannesian’s client from otherwise public disclosure of confidential physician/patient information. Ultimately, based on her individual circumstances set forth in the sentencing memorandum, the firm’s client received a sentence of probation despite a guidelines range of 41-51 months incarceration.