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Protective Orders for Confidential Business Records

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By

ACL

The short answer

A protective order limits who can see sensitive information produced in discovery and how it can be used. Trade secrets, pricing, and financial records are common examples.

Where it fits in your case

Usually negotiated early in discovery, before sensitive documents are produced.

What to expect

  • Confidentiality tiers. Orders often allow an attorneys’-eyes-only designation for the most sensitive material.

  • Court filings with protected material may need to be filed under seal.

  • Good cause must be shown if the parties cannot agree.

What we need from you

A list of the categories of sensitive information and who at your company needs access to the other side’s documents.

Common misconceptions

  • “Discovery documents become public.” A protective order prevents that for most material.

  • “Marking everything confidential is safest.” Over-designation can be challenged.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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