In The FTC Trial Against Martin Shkreli... Several Witnesses Request A Sealed Courtroom, Next Week.

To be certain, the general rule is open courts, and "open, public and live outcry", of all testimony and evidence -- especially in a federal trial where (as here) the government is suing to vindicate the rights of the people.

However, to the extent that generic drug manufacturing companies will have to reveal trade secrets, in testimony, for the FTC to prove its case against Martin, for violating the antitrust laws. . . there should be appropriate but limited portions of the trial conducted without the public present.

Beyond that, any private health care information, about Martin's conditions or claimed infirmities (a la Elizabeth Holmes) -- ought to be on the public record. I do not expect any such defense. But about the only aspect of the trial that ought not be public. . . would be trade secret testimony from competitors / manufacturers, or pharmacies and hospitals that dispense the drug.

So -- the able USDC Judge Cote in Manhattan will hold a hearing to sort it all out, on this coming Monday afternoon, before the lawyers begin opening arguments start picking a jury on Tuesday.

Here's that order, just entered:

. . .ORDER: Trial in this action set to begin on December 14, 2021.

On December 6, fifteen third parties submitted requests to redact or seal trial exhibits and to close the courtroom during the presentation of certain evidence (the "Third Party Sealing Applications").

As set forth on the record at the final pretrial conference held on December 10, it is hereby ORDERED that a conference shall be held on December 13, 2021, at 2:00 pm in Courtroom 18B, 500 Pearl Street.

The parties and any third parties that elect to appear shall be prepared to address the Third Party Sealing Applications. (Oral Argument set for 12/13/2021 at 02:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 12/10/2021). . . .

Now you know -- onward, grinning. Most of the trial will be anti-climatic, as Martin will not be present, and we've previewed almost all the evidence. Whatever defense is put on, will come without his smirking visage in the courtroom... so there won't be much drama, at all. And correlatively, there will be no one calling of the able FTC counsel the "JV girls' team", either.

We will provide daily updates, if any of the above changes, next week -- but the trial should now be over by December 22.

Onward, with a Friday spring in my step. . . .

नमस्ते