A few weeks ago, I noted that Judge Dyk had commented that the improper use of “Confidential” markings in appeal briefs was an “absolute plague.” [Link].
I ran across another oral argument from the last few years where Judge Dyk actually issued an order to show cause as to why the party that improperly marked material as confidential should not be sanctioned. [Listen] and [Listen]. The confidential markings had been applied to case citations and quotations in a brief.