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Attorney Walter W. Stern, III, (Stern) is a
Wisconsin-licensed attorney, admitted to the
practice of law on May 20, 1974.
In 2019, Stern filed a complaint in the
United States District Court for the Eastern
District of Wisconsin on behalf of a client
(Client) against Client’s former employer
(Employer). Stern attached to the Complaint
an unsealed confidential agreement that, by
its terms, was to remain confidential. Stern
did not file a motion to seal the
confidential agreement which made it
available for public review.
Approximately 12 days after Stern had filed
the Complaint, Stern and counsel for Employer
filed a joint stipulation to seal the
confidential agreement. The next day, the
court entered the order sealing the
confidential agreement. In the approximately
two weeks that the confidential agreement
remained unsealed, members of the public
accessed the agreement.
Counsel for Employer filed a motion for
sanctions against Stern for filing the
unsealed confidential agreement as an exhibit
to the Complaint. Employer sought its
attorneys’ fees related to obtaining the
order to seal the exhibit and related to
preparing and filing the motion for
sanctions.
The court entered an order finding that
Stern’s conduct in filing the unsealed
confidential agreement as an exhibit to the
Complaint was unjustifiable based on the
unambiguous confidentiality clause and that
it was done in bad faith. The judge ordered
Stern to pay $2,256 in sanctions and $1,500
for Employer’s counsel’s attorneys’ fees for
preparing and filing the motion for
sanctions. Stern timely paid $3,756 to
Employer’s counsel.
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