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How can businesses protect trade secrets in litigation?

On Behalf of | Oct 22, 2024 | Business Law |

Trade secrets are valuable assets for many businesses. Protecting them during litigation is important because the process can expose sensitive information. Companies can take steps to keep their trade secrets safe.

Use protective orders

A protective order stops trade secrets from becoming public during litigation. Courts issue these orders to control how confidential information is handled and who can access it. Businesses should ask their lawyers to request a protective order as soon as possible.

Limit disclosure of sensitive information

Companies should limit who accesses trade secrets during litigation. Only people directly involved in the case should see confidential information. By limiting access, businesses lower the risk of trade secrets being leaked or misused.

Use confidentiality agreements

Confidentiality agreements are important tools for protecting trade secrets. Everyone involved in the litigation, including witnesses and third parties, must sign non-disclosure agreements (NDAs). These agreements ensure that people keep sensitive information private, adding extra protection.

Redact sensitive information in court filings

Businesses must remove any sensitive information from court filings that might become public. Redacting trade secrets helps prevent unauthorized people from seeing confidential data. Legal teams should carefully review all documents before filing to protect sensitive information.

Request in-camera reviews

In some cases, businesses can ask judges to review trade secrets privately in their chambers instead of in open court. This limits exposure to the public or opposing parties. It is especially helpful when dealing with highly sensitive information.

Strategic planning is key to protecting trade secrets during litigation. Businesses need to work closely with experienced lawyers to put all necessary safeguards in place. Taking proactive steps makes a big difference in keeping trade secrets safe throughout the litigation process.