Page 38 - November 2019 BarJournal

3) there is great public interest in solving the
opioid crisis, and . . . these and other interests
outweigh any slight risk of anticompetitive
GET ENGAGED! harm; and 4) disclosure of the ARCOS data
JOIN A SECTION was warranted because the DEA and Defen-
dants failed to demonstrate good cause.
On July 15, 2019, the District Court mod-
ified the protective order to exclude any
Litigation ARCOS data prior to Dec. 31, 2012 finding
Meets monthly, date varies that there is no basis to shield that historical
data from public view. This data was made
GREG THOMPSON, Chair
Hahn Loeser & Parks LLP publicly available on a designated website
(216) 621-0150 (www.slcg.com) three days later. At the time
gthompson@hahnlaw.com of drafting, the Court had yet to issue a rul-
ing on the extent of public access to ARCOS
Cybersecurity, Data Privacy data from Jan. 1, 2013 to present day.
The important lesson that can be learned
& Emerging Technologies about protective orders through this case
Meets monthly, first Tuesday, date varies study is that stipulating does not completely
insulate confidential information from pub-
BILL BERGLUND, Co-Chair
BakerHostetler lic scrutiny. Rule 26 requires that the party
(216) 621-0200 seeking a protective order establish good
wberglund@bakerlaw.com cause on why the order is necessary to pro-
tect the disclosing party from annoyance,
CRAIG MARVINNEY, Co-Chair embarrassment, oppression, undue burden,
Walter | Haverfield LLP or expense. A protective order that sets
(216) 928-2889 forth clear findings of fact and law will shift
cmarvinney@walterhav.com the burden to the party seeking disclosure
to establish the Court abused its discretion.
1 ARCOS is an acronym for Automation of Reports and Consoli-
dated Orders System. The ARCOS database contains data on the
flow of DEA controlled substances from the time the substance
leaves the manufacturers control until the substance is distributed
to a retailer, such as a pharmacy. This data is provided by those
in the distribution and supply chains and includes the suppliers’
name, registration number, address and business activity; buyer
name, registration number, and address; as well as drug code,
transaction date, total dosage units, and total grams.
Advanced Derek Hartman is an Associate

Workers’ in the Cleveland office of
Sutter O’Connell Co. Derek
has over eight years’ experience
Compensation individuals, small businesses, and Fortune
representing the interests of
500 companies both in and out of the
Medical/Legal courtroom. Derek focuses his practice on
commercial litigation, civil litigation, and
business formation and governance. He
Seminar has been a CMBA member since 2017. He
can be reached at (216) 928-2200 or
dhartman@sutter-law.com.

Friday, December 6 James L. McCrystal, Jr. is a

Full Day CLE litigation lawyer in the Cleveland
office of Sutter O’Connell Co. and
a past chairman of the CMBA’s
Litigation Section. He has been a
CMBA member since 1974. He can be
reached at (216) 928-2200 or jmccrystal@
sutter-law.com.

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