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Discovery Confidentiality Agreement Template for United States

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Key Requirements PROMPT example:

Discovery Confidentiality Agreement

"I need a Discovery Confidentiality Agreement for a technology patent dispute where we'll be sharing source code and trade secrets with the opposing party's technical experts, with extra provisions for remote access security and international data transfer restrictions."

Document background
The Discovery Confidentiality Agreement is essential in U.S. litigation where parties need to exchange sensitive business, technical, or personal information during the discovery process. This agreement type is particularly crucial when dealing with trade secrets, proprietary information, or personally identifiable data. It establishes clear guidelines for handling confidential materials, defines permitted uses, and outlines destruction or return procedures. The agreement ensures compliance with federal and state discovery rules while protecting the disclosing party's interests. It's commonly used in complex commercial litigation, intellectual property disputes, and cases involving significant document production.
Suggested Sections

1. Parties: Identification of all parties involved in the discovery process and agreement

2. Background: Context of the litigation or proceeding requiring discovery

3. Definitions: Key terms including 'Confidential Information', 'Discovery Material', 'Producing Party', 'Receiving Party'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Use Restrictions: Permitted and prohibited uses of confidential information

6. Protection Measures: Required security measures for handling confidential information

7. Duration: Time period for which confidentiality obligations remain in effect

8. Return or Destruction: Requirements for handling confidential information after proceedings

Optional Sections

1. Third Party Access: Rules for sharing confidential information with experts, consultants, or other necessary parties

2. Electronic Information Handling: Specific provisions for handling and protecting electronic data and digital discovery materials

3. Special Categories: Additional protections for highly sensitive information such as trade secrets or personal data

4. International Transfer: Rules and requirements for cross-border information sharing and compliance with international data protection laws

Suggested Schedules

1. Schedule A - Authorized Personnel: List of individuals authorized to access confidential information

2. Schedule B - Security Protocols: Detailed technical and organizational security measures

3. Appendix 1 - Confidentiality Undertaking: Form to be signed by individuals accessing confidential information

4. Appendix 2 - Marking Requirements: Guidelines for marking confidential documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses



























Industries

Federal Rules of Civil Procedure: Key rules including Rule 26(c) on protective orders, Rule 34 on document production, and Rule 45 on subpoenas and confidential information handling

Defend Trade Secrets Act (DTSA) 2016: Federal law providing uniform protection for trade secrets, including definitions and remedies for misappropriation

Economic Espionage Act 1996: Federal law criminalizing trade secret theft, particularly relevant for information protection in discovery

Uniform Trade Secrets Act (UTSA): Model law adopted by most states providing consistent state-level trade secret protection framework

HIPAA: Federal law governing protection of medical information, crucial if healthcare data is involved in discovery

Gramm-Leach-Bliley Act: Federal law protecting financial information privacy, relevant when financial records are part of discovery

Electronic Communications Privacy Act: Federal law governing interception of electronic communications, relevant for electronic discovery

Stored Communications Act: Federal law protecting privacy of stored electronic communications and records

Federal Rules of Evidence: Rules governing admissibility and handling of evidence in federal courts, including confidential information

Attorney-Client Privilege Rules: Professional ethics rules protecting confidential communications between attorneys and clients

Work Product Doctrine: Legal principle protecting attorneys' work product from discovery by opposing parties

Local Court Rules: Specific requirements set by individual courts regarding confidentiality agreements and sealed filings

SEC Regulations: Securities and Exchange Commission rules governing handling of sensitive financial and corporate information

FINRA Rules: Financial Industry Regulatory Authority requirements for handling confidential financial information

State Privacy Laws: Various state-specific privacy laws (e.g., CCPA in California) affecting handling of personal information in discovery

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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