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S 9765

Enacts the "sunshine in litigation act" regarding protective orders

2025 Regular Session Introduced by Luis Sepúlveda

The Sunshine in Litigation Act requires court orders and settlements to reveal information about public hazards, limiting concealment and prioritizing public safety disclosure.

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Bill Summary · S 9765

Summary of Bill S. 9765 (2025-2026) – Sunshine in Litigation Act (New York)

Purpose and intent

  • Introduces the “Sunshine in Litigation Act” to govern the handling of information relating to public hazards in litigation.
  • Aims to prevent concealment of public hazards or information that would help the public protect people and property from hazards, while balancing protection for trade secrets and confidential information.

Key provisions and changes

  • Protection order framework (existing law, §3103(a))

    • Keeps the court’s ability to issue protective orders to prevent unreasonable prejudice or disclosure in discovery, but situates the new act within the broader protective order framework.

  • New Article 31-A – Sunshine in Litigation Act

    • Establishes a standalone framework addressing disclosure related to public hazards.

  • Definitions (Section 3142)

    • Governmental entity: Broadly defined to include New York State, all counties, municipalities, and related departments and authorities.
    • Public hazard: Any condition of a device, instrument, person, procedure, product, or property that has caused injury or creates future risk if not altered or removed.
    • Trade secret: Information with independent economic value from secrecy and reasonable efforts to maintain secrecy.

  • Prohibition on concealment (Section 3143(a))

    • Courts may not enter orders or judgments in actions that conceal a public hazard or conceal information useful to the public in protecting against hazards.
    • Also bars orders that conceal information usable by the public to prevent damage or injury from hazards.

  • Trade secrets and privileged information (Section 3143(b))

    • Trade secrets not directly related to public hazards may be protected and need not be disclosed.
    • The act does not override information protected by privilege under state or federal law.

  • Contracts and public policy (Section 3143(c))

    • Any contract or agreement entered in New York that seeks to conceal a public hazard or related identifying information is void and against public policy.
    • Such information cannot be enforced by New York courts.

  • Standing to contest (Section 3143(d))

    • Substantially affected persons or their estates, including media representatives, have standing to challenge orders, judgments, or contracts that violate the disclosure requirements.
    • Ability to contest via a motion filed in the court that issued the order or judgment.

  • In-camera review and partial disclosure (Section 3143(e))

    • On motion and with good cause, a court may review disputed information in camera.
    • If information concerns a public hazard or could help the public, the court must order release of the information or portions necessary for public identification and protection.
    • If released, only the minimum necessary portion should be disclosed.

  • Public records and settlements (Section 3143(f))

    • Any settlement-related documents or agreements affecting disclosure of hazard-related information are void if they conceal hazard information.
    • Such documents must be disclosed as public records under the Public Officers Law, and failure to disclose can trigger sanctions.

Who is affected

  • Parties involved in litigation in New York state courts.
  • Governmental entities and agencies at the state and local levels.
  • Trade secret holders, where secrecy is not directly tied to public hazards.
  • Members of the public and the news media seeking disclosure about public hazards.
  • Entities entering settlements or contracts that would conceal hazard information.

Procedural and timeline aspects

  • Effective date: The act takes effect 30 days after becoming law.
  • Incorporates a mechanism for in-camera review to balance public safety with privacy/trade secret considerations.
  • Provides standing and procedural avenues for challenging concealment orders or contracts.
  • Requires disclosure (or partial disclosure) when information serves public safety, with the possibility of public-recording of settlements.

Notes on scope and balance

  • The act prioritizes transparency about information that would help the public identify and mitigate hazards.
  • It explicitly permits protection for trade secrets not tied to public hazards and information privilege where applicable.
  • It seeks to void private agreements aimed at concealing hazards and directs disclosable information toward public safety and accountability.

If you’d like, I can provide a section-by-section comparison with current law (CPLR Article 31) to highlight all substantive shifts.

Compiled from official sources — confirm details with the bill’s official record.

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