In re Credit Suisse Securities Fraud Class Action
CourtDistrict Court, S.D. New York
Date FiledOctober 16, 2026
Docket1:23-cv-05874
StatusUnknown
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Full Opinion
CAHILL GORDON & REINDEL LLP
32 OLD SLIP
NEW YORK, NY 10005
TELEPHONE: (212) 701-3000
WWW.CAHILL.COM
1990 K STREET, N.W. 221 W. 10th STREET 20 FENCHURCH STREET
en 28) 262000 mn gos) 266-0000 “a (0) 20 7920 9800
October 15, 2026
Re: Inre Credit Suisse Securities Fraud Class Action, Case No.
1:23-cv-05874-CM-SLC (S.D.N.Y.)
Jute Cave MEMO ENDORSED
We represent Defendant Credit Suisse Group AG (“CS”) in the above-captioned action and
write pursuant to Your Honor’s Individual Rules and Practices in Civil Cases, Section I.F., and in
accordance with Paragraphs 2 and 9 of the operative Protective Order in this matter (ECF No.
122). CS submits this letter-motion to respectfully request that the Court permit CS to file under
seal the October 15, 2026 letter and exhibit providing an update on FINMA’s decision regarding
the in camera review of the FINMA documents at issue, as discussed in CS’s October 2, 2026
letter (ECF No. 235) and Plaintiff's October 2, 2026 letter brief (ECF No. 236).
The exhibit is a direct communication from FINMA, and the letter contains quotations from
that communication. CS seeks to keep these documents under seal because, although FINMA
authorized sharing of this document with “foreign authorities” such as this Court, it did not
authorize public filing. We advised Plaintiff's counsel of the intention to file under seal, and
Plaintiff indicated he does not see a basis to treat the document as confidential.
Respectfully submitted,
CAHILL GORDON & REINDEL LLP
By: /s/ Jason M. Hall
Herbert S. Washer
Jason M. Hall
Edward N. Moss
Tammy L. Roy
Nicholas N. Matuschak
32 Old Slip
New York, New York 10005
(212) 701-3000
hwasher@cahill.com
jhall@cahill.com
CAHILL GORDON & REINDEL LLP
-2-
emoss@cahill.com
troy@cahill.com
nmatuschak@cahill.com
Counsel for Defendant Credit Suisse
Group AG
The Court is in receipt of the letter at Dkt. No. 242 filed by Defendant Credit Suisse Group AG (“CS”) requesting that the Court seal th
entirety of its October 15, 2026 letter providing an update on FINMA's decision regarding the in camera review of the FINM
documents at issue (Dkt. No. 243 (the "Letter")) and the attached FINMA Order (Dkt. No. 243-1 (the "Exhibit")) because the "[E]xhib
is a direct communication from FINMA, the [L]etter contains quotations from that communication" and FINMA has not authorize
public filing of the Exhibit. (Dkt. No. 242 (the "Sealing Request")).
CS, however, does not explain why it cannot redact the quotations from the Exhibit in the Letter and file a publicly available version
the Letter. Judicial documents are "presumptively public so that the federal courts 'have a measure of accountability’ and so that th
public may ‘have confidence in the administration of justice.'" Bernstein v. Bernstein Litowitz Berger & Grossmann LLP, 814 F.3d 13.
139 (2d Cir. 2016). Accordingly, the Court is required to "make specific, rigorous findings before sealing the document or otherwis
denying public access.” Id. at 141. The party seeking to seal judicial documents, therefore, must explain why the information is ¢
such a confidential nature "to overcome the strong presumption of public access." Spectrum Dynamics Med. Ltd. v. GE Healthcar
Techs., Inc., No. 18 Civ. 11386 (VSB) (KHP), 2026 WL 931622, at *2 (S.D.N.Y. Apr. 6, 2026) (sealing information "pertain[ing] to pric
points, internal corporate deliberations, and numerical figures acquired through internal corporate analysis" because thé
"information is sensitive[,] confidential[,] and proprietary business information[.]").
Given that CS did not file a publicly available version of the Letter with the purported confidential information redacted, the Sealin
Request is DENIED WITHOUT PREJUDICE. CS may file another sealing request showing which specific portions of the Letter it asser’
are confidential, and shall submit a proposed redacted version of the Letter for public viewing.
The Clerk of Court is respectfully directed to close Dkt. No. 242 and to keep the Letter (Dkt. No. 243) and the Exhibit (Dkt. No. 243-:
temporarily under seal pending a new sealing request from CS. If by October 19, 2026, CS does not file another sealing request, th
Court will direct the Clerk of Court to unseal the Letter and Exhibit.
A A/
October16,2026 ( J
(ae L. CAVE
United States Magistrate Judge