In Re JDS Uniphase Corp. Securities Litigation

ORDER GRANTING IN PART LEAD PLAINTIFF’S MOTION TO LIMIT THE SCOPE OF CONFIDENTIALITY AGREEMENTS SIGNED BY FORMER JDS UNIPHASE EMPLOYEES

In this securities action, lead plaintiff Connecticut Retirement Plans and Trust Funds (“Connecticut”) moves to limit the scope of confidentiality agreements signed by former employees of defendant JDS Uniphase Corporation (“JDSU”). For the reasons set forth below, the motion is granted, with modifications.

I. Background

As lead plaintiff in this action, Connecticut has been investigating acts of JDSU and the individual defendants relating to alleged artificial inflation of the price of JDSU securities during the putative class period of July 27, 1999 through July 26, 2001. Investigators hired by lead counsel have identified and have spoken with numerous former employees of JDSU. Many of these former employees have informed the investigators that they are willing to talk about relevant activities at JDSU during the class period, but they believe they are unable to do so because of one or more confidentiality agreements that they entered into with JDSU (or with companies later acquired by JDSU) at the time they were hired, at the time they were…