A Civil Litigator Focused On Efficient And Cost-Effective Solutions

How can businesses protect trade secrets during litigation?

On Behalf of | Oct 28, 2024 | Business & Commercial Litigation |

Protecting trade secrets during a lawsuit can be tough. Businesses need to share important information in court, but it’s crucial to keep it safe from competitors or others who shouldn’t see it. A strong plan helps keep valuable trade secrets secure.

Limit who sees the information

To protect trade secrets, limit who can see the information. Lawyers should share trade secrets only with people who need to know. They can ask the court to set rules about who can see certain documents. Limiting who sees the information reduces the risk of it getting out.

Use confidentiality agreements

Confidentiality agreements help protect trade secrets during a lawsuit. Lawyers make sure that everyone, including witnesses and consultants, signs these agreements before they get access to sensitive information. Confidentiality agreements create a legal obligation to keep the information private and prevent accidental or intentional disclosures.

Ask for protective orders

Another way to protect trade secrets is to ask the court for a protective order. A protective order controls how trade secrets are handled during the lawsuit. The court may label the information as “confidential” or “attorney’s eyes only,” which means fewer people can see the trade secrets, adding more security.

Limit access during discovery

The discovery phase poses a high risk for trade secrets. Businesses can ask to limit access to sensitive documents during this time. Lawyers can also request an in-camera review, where only the judge examines the trade secrets privately. This approach keeps the information from being shared with too many people.

Store documents securely

Securing documents properly is also crucial. Businesses should use secure platforms to store and share information during the lawsuit. Using data encryption and controlling who can access the information helps keep trade secrets out of the wrong hands.

Businesses must stay alert and take deliberate steps to protect their trade secrets. Taking careful actions during a lawsuit helps keep sensitive information secure.