The Commonwealth Court has adopted the federal standard for requests for protective orders covering trade secrets, which requires a party seeking discovery to show it has a compelling need to obtain the information that outweighs the potential harm of disclosure.
The en banc panel relied on the state Superior Court’s 2006 ruling in Crum v. Bridgestone/Firestone North American Tire, in which it applied the federal standard for protective orders, holding that once a party shows requested records contain trade secrets or confidential business information, the burden shifts to the party seeking discovery.
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