Introduction

Business litigation these days frequently involves the
production of voluminous documents in discovery. At
the same time, clients may want their documents to be
held confidential and to limit the persons who can examine them. The solution is usually for the parties to make
the document production and related discovery subject to
a Confidentiality Agreement.

Given the time pressures inherent in meeting discovery deadlines, and the prodigious number of documents
to be reviewed and produced, counsel may adopt a
Confidentiality Agreement that has been used before and
a “let’s worry about that later” approach when it comes
to identifying specific documents that will be subject to
the agreement.

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