Protecting trade secrets during litigation requires a careful balance between complying with legal obligations and safeguarding confidential business information. There are several steps a business can take to minimize the risk of exposure.

First, the company should promptly identify and clearly label any documents or information that contain trade secrets before they are shared during discovery. This helps ensure that everyone involved understands the sensitivity of the material from the start.

Second, filing a motion for a protective order is a key step. This motion asks the court to restrict access to trade secret information during the litigation process. The order can limit who sees the information,such as allowing only attorneys or experts to review it, and may even require the court to examine the documents privately (in camera) to decide what must be disclosed.

Third, the protective order can also include practical safeguards, like redacting non-essential confidential details, limiting copies of documents, or requiring secure storage and handling procedures during litigation. These precautions help reduce the risk of leaks or misuse.

In addition, parties may agree to a confidentiality agreement or stipulation before exchanging sensitive information. This is a private agreement that supplements the protective order and outlines how both sides must treat trade secrets during the proceedings.

Finally, it’s important for businesses to stay vigilant throughout the litigation. Monitoring how sensitive information is handled and immediately addressing any breaches can make a significant difference in preserving the value of a trade secret.

In summary, protecting trade secrets during litigation involves early identification, securing a protective order, applying strict handling procedures, and staying proactive throughout the case. These measures help a business meet its legal duties without sacrificing its competitive advantage.