[Panel 3] Protecting Privilege and Confidentiality in Civil Litigation, Part 2

The previous panel focused on protecting privilege and work product but concerns for privacy and confidentiality in civil litigation go beyond these well-recognized legal categories and encompass personal privacy, the protection of minors, trade secrets, business confidences, and more. Protective orders, which have been a common feature in civil discovery, have evolved to address new and more acute privacy and confidentiality interests. But when discovery is filed with the court or entered into evidence, discovery protective orders do not alter the constitutional and common-law presumption of public access. This panel explores that tension and provides strategies for minimizing the potential negative impact of public access to the courts in the digital age while respecting long-standing rules and traditions.