An attorneys' eyes only designation restricts material to outside counsel, retained experts, and court personnel, excluding the receiving party's employees and in-house counsel.
It is used for competitively sensitive information such as trade secrets, pricing, customer lists, and source code.
Alternative Names:
AEO, Highly Confidential Designation
Why it Matters?
The designation creates a genuine practical problem: counsel cannot show the client the documents that may be central to the case, which complicates evaluation and settlement authority. Overdesignation is a recurring abuse, and the party receiving material designated AEO should test whether the sensitivity is real. Negotiating a narrow category of truly competitive material, with a process for challenging designations, prevents the tier from swallowing the production.
Frequently Confused with
Related terms
Frequently asked questions
Who may see attorneys' eyes only material?
How is overdesignation addressed?
