Considerations In Protecting Trade Secrets During Litigation

Law360 (June 14, 2019, 1:50 PM EDT) -- The United States is a unique country in many ways, but particularly so in civil litigation. In this country, the First Amendment to the Constitution demands that the public have “open access to the courts” including all of its pleadings, transcripts and hearings.[1] Relatedly, liberal discovery rules in federal, and most state, courts presumptively mandate that an opposing party in civil litigation will be entitled to view and inspect all information “relevant to any party’s claim or defense and proportional to the needs of the case.”[2]

So what does a litigant do when information “relevant to any party’s claim or defense”...

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