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 Francisco Complex Litigation Program, Challenging Confidentiality Designations
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.
California, Santa Clara Complex Litigation Program, Model Confidentiality Order
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
Michigan, Macomb County Business Court, Initial Discovery Protocols in Contract Cases
Michigan, Macomb County Business Court, Initial Discovery Protocols in Noncompete Cases
Michigan, Oakland County Business Court, Model Stipulated Protective Order
New Jersey Complex Business Litigation Program: (1) Case Management Guidelines (2) Joint Proposed Discovery Plan (3) Scheduling Order (4) Electronic Discovery Stipulation and Order and (5) Clawback Stipulation and Order
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
Wisconsin, Standard Discovery Protocol for Commercial Court Docket
