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Glossary
Protective orders, confidentiality designations, sealing, and information barriers in complex cases.
confidentiality-and-protective-orders
Access control in litigation restricts who within a firm or organization may view case materials.
Attorneys' eyes only is the most restrictive confidentiality designation, limiting access to outside counsel and experts while excluding the parties.
A challenge to designation disputes whether material was properly marked confidential under a protective order.
A confidentiality agreement is a contract restricting disclosure of information, operating independently of any court order.
A confidentiality designation is the label a producing party applies marking material as protected under a protective order.
A conflicts check searches a firm's client and matter records to identify potential conflicts before accepting an engagement.
Conflicts screening is the firm-wide process combining checks, analysis, resolution, and documented screens.
A designation challenge is the formal objection procedure by which a receiving party contests confidentiality markings.
An ethical wall is a set of access controls and procedures isolating personnel from a matter to address conflicts or protect confidential information.
An imputed conflict is one attributed to an entire firm because a single lawyer is personally conflicted.
A motion to seal asks the court to keep filed material off the public docket, overcoming the presumption of public access to court records.
A non-disclosure agreement restricts a recipient from disclosing or using confidential information received from another party.
Personal identifier redaction is the required removal of specified personal information from documents filed with a court.
A protective order limits the use or disclosure of discovery material to protect confidential, proprietary, or private information.
The public right of access is the presumption that judicial records are open, which confidentiality orders and sealing must overcome.
Redaction is the removal or masking of protected content from documents before production or filing, leaving the remainder visible.
A return or destruction provision requires parties to return or destroy confidential material when litigation concludes.
Screening is the isolation of a conflicted lawyer from a matter to prevent imputation of the conflict to the entire firm.
A sharing order permits confidential discovery material to be shared with litigants in related cases against the same defendant.
A stipulated protective order is a confidentiality order negotiated by the parties and entered by the court without contested motion practice.
Trade secret protection in discovery restricts access to proprietary information produced in litigation, often through heightened designations.
An umbrella protective order permits parties to designate material without individualized good cause showings for each document.
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