On Friday the New York Times asked a judge in the US Northern District of California to unseal documents “in their entirety” relating to the ongoing legal battle between LIV Golf and the PGA Tour.
Amid recent news of a deal between the PGA Tour and LIV Golf’s financial backer, Saudi Arabia’s Public Investment Fund, the Times claims the reasons that the PGA Tour and LIV Golf gave for sealing documents in their case warrant reconsideration. Citing past cases, the Times argues that unless either the Tour or LIV can present countervailing factors that overcome the public’s First Amendment and common law rights to public records, all case documents should become unsealed.
Lawyers from both the Tour and LIV have used “competitive harm” in the past as reasons to seal documents or redact information, but the Times claims the strength of “substantial and legitimate public interest” in the case calls into question whether the depth of documents that have been sealed is justified. The Times suggested Friday that, even if parts of the documents are still deemed confidential, those portions could be redacted while the rest of the documents are unsealed.
The Times requested that the judge schedule a hearing on July 28, or soon thereafter, to consider its motion
Noting how the purpose of antitrust laws is to protect the public, the main point of contention in LIV Golf’s legal dispute is whether or not the PGA Tour acted as a monopoly in its defense against LIV. On the flip side, the PGA Tour’s countersuit against LIV claims a foreign state’s sovereign investment fund interfered with the business of an American enterprise.
From the filing:
“Only adding to these interests are President Trump and members of his former administration’s close business ties to LIV Golf and PIF and the political and diplomatic impact of Saudi Arabia’s involvement. These are precisely the kinds of public concerns—allegations of harm to the public, affecting an international sport, implicating a sovereign state and the court’s jurisdiction—that weigh heavily in favor of disclosure.”
Two weeks ago the bombshell news broke that the PGA Tour, DP World Tour and Saudi Arabia’s Public Investment Fund – the backers of LIV Golf – were partnering to create a new, for-profit global golf entity. The proposed deal is just another point for the Times’ argument to unseal, seeing as it would end all pending litigation between the two sides.
There is not only precedent in US courts that states settlement does not moot the public’s right of access, but lawyers for the Times argue it would only elevate the public interest even more.
The US Department of Justice was already investigating the Tour for antitrust behavior, but earlier this week it was reported that the Justice Department is also reviewing the proposed deal between the Tour and PIF, together with the US Senate.
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Story originally appeared on GolfWeek