This note addresses the debate in circuits regarding the propriety of stipulated protective orders to protect trade secrets in federal litigation. Putnam explores the approaches utilized by the 2nd and 1st Circuits, analyzing them in light of the former rules and the common law, respectively. He takes the position that the 2000 revisions to the Federal Rules of Civil Procedure to Rule 5(d) and a Rule 26(c) protective order help protect parties' confidentiality during litigation.
Your Trade Secret is Safe with Us: How the Revision to Federal Rules of Civil Procedure Makes Discovery Presumptively Confidential,
24 Hastings Comm. & Ent. L.J. 427
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