The parties in virtually every complex litigation matter agree to protective orders to ensure that no one intentionally discloses confidential documents produced during discovery to unauthorized readers. But lawyers drafted the substantive terms of most protective orders in the days when paper document production was the norm and inadvertently leaving a dozen boxes of confidential documents in an airport lounge was unthinkable.
Yet consider the following: A single CD holds the equivalent of about 7,000 printed pages and is light and thin enough to wedge itself between the pages of a magazine stuck in a briefcase or lying on a desktop. A single four gigabyte flash drive holds the equivalent of about 40,000 printed pages and is small enough to fit into (and fall out of) a coat pocket. A laptop’s hard drive may hold millions of printed pages but can be easily lost or stolen in an airport.
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