Newspaper blocked from publishing details of company investigation

The National Law Journal has asked a Washington appeals court to strike down a restraining order that blocks the newspaper from publishing details about a regulatory investigation involving juice maker POM Wonderful.

Mike Scarcella of Legal Times writes, “In emergency papers filed at 3 a.m. at the D.C. Court of Appeals, lawyers for the NLJ asked the court to dissolve the order, citing First Amendment concerns. The order was issued by a D.C. Superior Court judge on July 23.

“At issue is the identity of the federal regulatory agency that is investigating POM. The newspaper obtained the name of the agency while reporting on a fee dispute between the juice maker and Hogan Lovells. Hogan represented POM during the regulatory inquiry. POM, a private company based in Los Angeles, allegedly owes Hogan Lovells more than $666,200 in attorney fees and expenses.

“D.C. Superior Court Judge Judith Bartnoff determined the identity of the regulatory agency–and the substance of the investigation–was subject to a July 9 sealing order that the clerk’s office failed to execute. At a hearing July 23, Bartnoff said the ability of the court to maintain the integrity of its docket trumps the paper’s First Amendment rights to publish the information. Bartnoff granted POM¹s request for a temporary restraining order. Earlier in the case, Hogan Lovells fought POM’s effort to seal records.”

Read more here.