Allowing Discovery Of A Confidential Witness’s Identity

Two recent decisions in the Southern District of New York reflect a trend toward allowing discovery of the identities of so-called “confidential witnesses” that are increasingly becoming the backbone of class action securities complaints. In November 2011, U.S. District Judge Paul A. Engelmayer granted a motion to compel discovery of the identities of “confidential witnesses” relied upon in the lead plaintiff’s complaint and held that the identities were not protected from discovery by the attorney work product doctrine. See Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund v. Arbitron Inc., --- F.R.D. ----, No. 08 Civ. 4063,2011(S.D.N.Y. Nov. 14, 2011).