Attorneys' Eyes Only

Attorneys' Eyes Only

Attorneys' Eyes Only

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 asked questions

Who may see attorneys' eyes only material?

Who may see attorneys' eyes only material?

Typically outside counsel, retained experts who have agreed to the order, and court personnel. The party itself and in-house counsel are generally excluded.

How is overdesignation addressed?

How is overdesignation addressed?

Through the challenge procedure in the protective order, with the designating party usually bearing the burden of justifying the designation.