Richmond counsel Cristin Traylor wrote an article examining protective orders in litigation for the winter 2018 issue of Today’s General Counsel.
In the article, Traylor discussed ways to use protective orders to lessen the burden and expense on parties when producing a large amount of data during the discovery phase of litigation.
She noted the need for striking a better balance between ensuring appropriate public access to court documents and protecting a company or individual’s private discussions.
“In cases with just one level of confidentiality, every document should be automatically designated confidential during discovery,” Traylor wrote. “In cases with a ‘highly confidential’ level, every document would be considered confidential at a minimum. Then reviewers would need only look for material that would raise the designation to the higher level.”