Are High Stakes Business Litigation Cases Generally Confidential?

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In every one of these cases, it is wise from the beginning to have a stipulation with the opposing counsel for a protective order. It is common to be dealing with companies’ trade secrets and you don’t want to disclose the full extent of your trade secrets in any court document. If someone gets access to it, it defeats the whole purpose of having a trade secret, so it is important to keep matters confidential. If you have a protective order, the parties can then feel free to engage in discovery.

Does Everyone Involved In a Business Litigation Case Have To Sign a Confidentiality Agreement?

Everyone involved in a business litigation case generally will sign a confidentiality agreement. When you have a stipulation for a protective order, part of it requires each party to have their expert witnesses sign it, as well. The parties, experts, consultants, and anyone who will need the information to do their job, will have to sign a confidential stipulated protective order.

What Is Meant By Beta Company Cases?

Beta company cases is just another way of saying high stakes litigation. It is when your valuable assets are at risk of being misappropriated or diluted.

Do High Stakes Cases Require A Different Type Of Overall Analysis Of Risk Vs. Reward?

If a competitor is engaging in unfair competition, like false advertisement or infringement on your intellectual property, you need to take all risks to protect your business. The risk is that you may lose your company. I don’t think the analysis is different.

How Is Discovery Handled In A High Stakes Business Litigation Case?

Discovery is very important. One very effective strategy is to prepare an outline as if it were a motion for summary judgment. State all the facts you need to prove to win the case and all the defenses that the other side might be raising. Once you know all the facts you need, prepare a discovery plan. Figure out where you are going to get the information and who the witnesses are going to be. The discovery plan is very important, has to be done at the beginning of the case, and has to be very detailed. Discovery is where the disputes come in and the cost of litigation gets very high because people are fighting over which documents they are going to be producing. Preparation is essential to winning these cases and you have to be able to prove your case through the discovery process.

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