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IDC Financial Publishing, Inc. v. RBC Capital Markets, LLC

United States District Court, E.D. Wisconsin

March 13, 2018

IDC FINANCIAL PUBLISHING, INC., Plaintiff,
v.
RBC CAPITAL MARKETS, LLC, Defendant.

          PROTECTIVE ORDER

          Lynn Adelman, District Judge

         Based on the stipulated motion of the parties and the factual representations set forth therein, the Court finds that exchange of sensitive information between or among the parties and/or third parties other than in accordance with this Order may cause unnecessary damage and injury to the parties or to others. The Court further finds that the terms of this Order are fair and just and that good cause has been shown for entry of a protective order governing the confidentiality of documents produced in discovery, answers to interrogatories, answers to requests for admission, and deposition testimony.

         IT IS THEREFORE ORDERED THAT, pursuant to Fed.R.Civ.P. 26(c) and Civil L. R. 26(e):

         (A) DESIGNATION OF CONFIDENTIAL OR ATTORNEYS' EYES ONLY INFORMATION.

         Designation of information under this Order must be made by placing or affixing on the document or material, in a manner that will not interfere with its legibility, the words “CONFIDENTIAL” or “ATTORNEYS' EYES ONLY.”

         (1) One who produces information, documents, or other material may designate them as “CONFIDENTIAL” when the person in good faith believes they contain trade secrets or nonpublic confidential technical, commercial, financial, personal, or business information.

         (2) One who produces information, documents, or other material may designate them as “ATTORNEYS' EYES ONLY” when the person in good faith believes that they contain particularly sensitive trade secrets or other nonpublic confidential technical, commercial, financial, personal, or business information that requires protection beyond that afforded by a CONFIDENTIAL designation.

         (3) Except for information, documents, or other materials produced for inspection at the party's facilities, the designation of confidential information as CONFIDENTIAL or ATTORNEYS' EYES ONLY must be made prior to, or contemporaneously with, their production or disclosure. In the event that information, documents or other materials are produced for inspection at the party's facilities, such information, documents, or other materials may be produced for inspection before being marked confidential. Once specific information, documents, or other materials have been designated for copying, any information, documents, or other materials containing confidential information will then be marked confidential after copying but before delivery to the party who inspected and designated them. There will be no waiver of confidentiality by the inspection of confidential information, documents, or other materials before they are copied and marked confidential pursuant to this procedure.

         (4) Portions of depositions will be deemed confidential only if designated as such when the deposition is taken or within 30 days of receipt of the deposition transcript.

         (5) If a party inadvertently produces information, documents, or other material containing CONFIDENTIAL or ATTORNEYS' EYES ONLY information without marking or labeling it as such, the information, documents, or other material shall not lose its protected status through such production and the parties shall take all steps reasonably required to assure its continued confidentiality if the producing party provides written notice to the receiving party within 10 days of the discovery of the inadvertent production, identifying the information, document or other material in question and of the corrected confidential designation.

         (6) In accordance with Federal Rule of Evidence 502(d), any inadvertent or erroneous production or disclosure of privileged material shall not be deemed a waiver- in this litigation or in any other proceeding, including in federal or state proceedings-of any applicable privilege or immunity (including, without limitation, the attorney-client privilege, the work product doctrine, and the joint defense or common interest privilege) that would otherwise attach to the document or information or to other documents or information. The inadvertent or erroneous disclosure of privileged material during this proceeding will not be construed as a waiver, in whole or in part, of (i) the producing party's claims of privilege either as to the specific information disclosed or more generally as to the subject matter of the information disclosed, or (ii) the producing party's right to designate the material as privileged material in this litigation or in any other proceeding, including federal and state proceedings. The producing party that made the inadvertent or erroneous disclosure shall promptly notify the receiving party within 10 days of the discovery of the inadvertent production. Upon notification, the receiving party shall take all steps reasonably required to ensure the information's confidentiality and not make use of such document or information for any purpose. Nothing in this Protective Order shall extend attorney-client privilege or attorney work-product protection to any material where such a privilege or protection has been waived in any manner other than by the inadvertent or erroneous disclosure to any receiving party in this matter.

         (B) DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION.

         Information, documents, or other material designated as CONFIDENTIAL or ATTORNEYS' EYES ONLY under this Order must not be used or disclosed by the parties or counsel for the parties or any persons identified in subparagraphs (B)(1) and (2) below for any purposes whatsoever other than preparing for and conducting the litigation in which the information, documents, or other material were disclosed (including appeals).

(1) CONFIDENTIAL INFORMATION. The parties and counsel for the parties must not disclose or permit the disclosure of any information, documents or other material designated as “CONFIDENTIAL” by any other party or third party under this Order, ...

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