Discovery and Information Protections: Privilege Logs, Protective Orders, Confidentiality Orders, Filing Under Seal, and Avoiding Waiver

A number of business courts have implemented rules or provided forms regarding discovery, and other document and information, protections. These cover privilege logs, protective orders, confidentiality orders, filing documents under seal, and avoiding waiver. Some examples are listed below, with links to the relevant sites or documents.  We have also included two examples from California’s Complex Litigation Program.

California, San Mateo Complex Litigation Program, Stipulation and Protective Order Regarding Confidential Information (Single Level of Confidentiality)

California, San Mateo Complex Litigation Program, Stipulation and Protective Order Regarding Confidential Information (Double Level of Confidentiality).  This second level is used when there is some need to shield confidential information from parties.

Delaware CCLD Protocol for the Inadvertent Production of Documents

Indiana Commercial Court Stipulated Protective Order

Indiana Commercial Court Guidelines § 3.6 addressing “Issuing Protective Orders”, and § 3.7 addressing “Issuing Sealing Orders”

Massachusetts Business Litigation Session Procedural Order Regarding Privilege Logs

Massachusetts Business Litigation Session Formal Guidance Regarding Confidentiality Agreements

New Jersey’s Appendix XXX to its civil rules has a lengthy Form Discovery Confidentiality Order for CBLP cases

New Jersey Complex Business Litigation Program Clawback Stipulation and Order

New Hampshire Business and Commercial Dispute Docket Standing Orders 5 and 6 address Protective Orders and Privilege Logs

New York Commercial Division Rule 11-b addresses Privilege Logs

New York Commercial Division Rule 11-g addresses Proposed Form of Confidentiality Order

New York Commercial Division, Westchester County, Stipulation and Order for the Production and Exchange of Confidential Information

North Carolina Business Court Rule 5 governs Protective Orders and Filing Under Seal

North Carolina Business Court Rule 10.5 governs Privilege Logs

North Carolina Business Court Rule 10.6 governs Agreements to prevent privilege and work-product waiver

Philadelphia Commerce Court’s Procedures for Filing Documents Under Seal