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Cabell Clay and Jared Nobles published by Law360

June 2019

Charlotte Employment and Labor Member Cabell Clay and Litigation Associate Jared Nobles co-authored the article, “Considerations In Protecting Trade Secrets During Litigation” which was published by Law360 on June 14.  

The article          

The United States is a unique country in many ways, but particularly so in civil litigation. In this country, the First Amendment to the Constitution demands that the public have “open access to the courts” including all of its pleadings, transcripts and hearings. Relatedly, liberal discovery rules in federal, and most state, courts presumptively mandate that an opposing party in civil litigation will be entitled to view and inspect all information “relevant to any party’s claim or defense and proportional to the needs of the case.”

Clay and Nobles conclude, “As long as companies continue making cutting-edge products and developing competitive information, the need to protect the secrecy of that information will remain. Protective orders, and their variants, will play an ever-growing role in maintaining that secrecy. When litigation begins or is even just threatened, counsel should communicate early with the client about its needs and options for protecting sensitive business information.”

To view the complete article, click here.