To protect trade secrets during litigation, several legal measures can be implemented :
- Non disclosure agreements (NDAs) : impose confidentiality clauses on relevant parties including employees, experts, attorneys and court personnel to limit the disclosure of sensitive information.
- Closed court hearings: request closed door hearings to prevent public disclosure of trade secrets.
- Emergency relief: in case of risk of disclosure or unlawful use, seek a preliminary injunction (emergency order) to prevent the exploitation of protected information before the case is resolved.
- Motion to seal: file a motion to seal documents or parts of the court record that certain sensitive trade secrets. Courts may allow such motions when the party demonstrates that disclosure would result in irreparable harm.
- Protective order: during the discovery process, request a court order restringing access to confidential documents, classifying them as protected. These documents should only be shared with the opposing party’s attorneys or experts under strict confidentiality agreements.
- Use of electronic discovery tools: during e-discovery, use advanced tools to track and control the sharing of digital information, ensuring that sensitive data related to trade secrets isn’t inadvertently shared or copied.
- Sequestration of evidence : ask the court to hold sensitive trade secrets in a secure location or limit access to certain individuals, thus ensuring that unauthorized parties aren’t privy to confidential information.
- Sanctions for breach: include deterrent contractual clauses and pursue legal action against any party violating confidentiality obligations.
By incorporating these additional strategies, you can strengthen the protection of trade during litigation and reduce the risk of unauthorized disclosure or misuse.
