How do I protect my confidential information in litigation?
A lawsuit isn’t a walk in the park—most people don’t want to be sued or have to do the suing, but sometimes recourse to the courts is the best way of righting a wrong. What happens when your lawsuit requires the disclosure of trade secrets and confidential and proprietary information? Dealing with a lawsuit is difficult enough, but worrying about the ruin of your business as a result of mandatory document production in the litigation process creates even greater stress.
Luckily, there are a few tools that can be used to protect that valuable information. The most comprehensive of these is the Confidentiality or Protective Order. Such an order can be drafted to be as broad or limited as needed and typically includes the following protections:
- Requires that all documents, information, and testimony containing confidential and proprietary information be kept confidential—for the eyes of only those individuals listed in the agreement
- Defines what type of information is considered confidential and proprietary and what constitutes a trade secret
- Explains how such information shall be identified and marked
- Explains how such information shall be used during the litigation process
- Prohibits the disclosure of the information to third parties
- Requires that notice of confidentiality be given to all who have access to such information
- Allows for additional protections from the public if such information has to be filed with the court
- Provides for a withdrawal of information should it be inadvertently disclosed
- Provides for penalties for disclosure of information
- Requires the destruction or deletion of all such information upon final settlement or adjudication of the lawsuit
A Confidentiality or Protective Order can be agreed-to by the parties in the suit, in which case both parties have an input as to the terms and conditions of the agreement. Or the order can be granted by the court upon a motion by one of the parties if that party can show that there is a genuine need for the protection of certain information and trade secrets.
The most important thing you can do is inform your attorneys immediately of any concerns you may have about information needing to be protected. Attorneys at Waldron & Schneider are experienced in dealing with various matters concerning trade secrets, intellectual property, and confidential and proprietary information whether a lawsuit is ongoing or a dispute is only beginning to form.
The legal information in this blog entry is not intended to be a substitute for seeking personalized legal advice from an attorney licensed to practice in your jurisdiction. Further, nothing contained in this article is intended to create an attorney-client relationship with any reader. This article and website are made available by Waldron & Schneider for educational purposes only and to give basic information and a general understanding of the law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and Waldron & Schneider. The article and website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. For more information or questions you can contact us and one of our attorneys will be in touch soon.
Waldron & Schneider wishes everyone a safe and Happy 4th of July. ... See MoreSee Less
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Associate Attorney Collin Bullard writes about the disadvantages of a general partnership in his blog.
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Disadvantages of a General Partnership
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Disadvantages of a General Partnership The Texas Business Organizations Code defines a partnership as “an association of two or more persons to carry on a business for profit.” Whether those indiv...1 CommentComment on Facebook
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Waldron and Schneider wishes Partner Richard Simmons a happy early 50th birthday!!! ... See MoreSee Less
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Congrats, Richard. Make sure to have some fun tomorrow.
HAPPY EARLY BIRTHDAY DAD
Happy Birthday!!🎉🎂
Associate Attorney Collin Bullard writes about the importance of buy sell agreements in his blog.
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The Importance of a Buy/Sell Agreement
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The Importance of a Buy/Sell Agreement Many small business owners understand the importance of creating an LLC or similar entity to protect the individual owners from potential liabilities of the c…1 CommentComment on Facebook
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Congratulations to Emily Simmons (daughter of partner Richard Simmons) who competed in the National American Miss Pageant this weekend! She was the Heart of service Winner!!! 4th runner up overall!! 3rd in Casual wear!!! ... See MoreSee Less
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