A company must take aggressive legal measures to stop sensitive information from being revealed in order to safeguard its trade secrets during litigation. Requesting a protective order from the court, which limits access to private materials (usually limiting access to attorneys, expert witnesses, and court personnel), is one of the most successful tactics. Businesses can mark papers as “Attorneys’ Eyes Only” in extremely delicate situations to make sure that not even the opposition can view the trade secrets. 

Another important step is to file documents under seal, which keeps them out of the public court record. Companies may argue to restrict or minimize the scope during discovery in order to prevent disclosing needless confidential information. An extra degree of security is provided by confidentiality agreements, such as non-disclosure agreements that are signed by every person handling the material. 

In order to prove that information is a trade secret, businesses must show that they have robust internal security measures in place, such as restricted access and employee training, and may also redact non-essential sensitive facts from legal documents. A company’s capacity to protect its trade secrets during the litigation process is further strengthened by working with knowledgeable legal counsel who specializes in intellectual property law.