From a substantive standpoint, corporate defendants often assert that the technical data and internal memoranda typically produced or sought in discovery contain "trade secrets" or legally confidential information. The legal criteria for a trade secret will be discussed in a moment. From a procedural standpoint, the typical proposed order sought by these defendants gives them the right to unilaterally determine what documents should be protected. That is, the defendant itself is given the sole and exclusive right to select the documents which would then be subject to the restrictions of the court's order. Neither plaintiffs counsel nor the court is given the opportunity to participate in the initial selection process. Further, in making its determination, the defendant is obviously guided only by its own subjective criteria.