September 23, 2013. Many state and federal court lawsuits implicate various types of sensitive business information, such as financial records, information regarding volumes of sales and purchases, customer or vendor lists, confidential trade secrets, and other types of proprietary information which you don’t want to share with anyone, let alone the general public or perhaps a business competitor. Don’t panic. In most instances, your attorney will be able to ask the court for a protective order, which is an order limiting the use or other disclosure of your sensitive or proprietary business information. A free sample protective order can be viewed here.
There are many different types of protective orders, which can be tailored to your particular dispute; however, generally speaking, most protective orders permit a party to designate confidential or otherwise sensitive documents or information “confidential” or “attorneys’ eyes only.” These designations can be used to limit the use of such documents or information to the particular lawsuit, and can narrowly define the types of individuals that can view the information. In terms of an “attorneys’ eyes only” designation, for example, it allows a party to produce documents or provide information which will typically only be made available to the court, experts and attorneys. Also, “confidential” and “attorneys’ eyes only” documents and information can be filed under seal in court proceedings, meaning they are not available for viewing by the general public.
Finally, it bears noting that protective orders can also be utilized in arbitration proceedings. With respect to other disputes, such as disagreements which parties are seeking to resolve more informally, the parties can execute somewhat similar agreements to protect their sensitive business records and proprietary information. It doesn’t matter where your business dispute is being addressed – get a protective order or some other written agreement to safeguard your confidential or proprietary information. Email info@goosmannlaw.com or call 712.226.4000 to learn more.