Civil litigation is a critical tool for companies seeking to protect their trade secrets, prevent future disclosure of trade secrets, and remedy wrongs occasioned by past disclosures of trade secrets. Ironically, employing that tool risks the very sort of public disclosure it aims to prevent and remedy.
Courts fortunately have become more permissive of under-seal filings, minimizing the risks of publicly disclosing trade secrets that would otherwise be fully accessible to the public through paper and electronic files. Rules and local procedures vary, but they generally require the court’s permission to file under seal, either through an order granting a motion for leave to file under seal or through an order adopting a stipulation among the parties.
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