Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Clause Samples

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. Protected Material. Unless otherwise ordered by the Court or permitted in writing by the (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as employees of Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this Action; (b) Retained Consultants (as defined in this Stipulated Protective Order) of the Receiving Party: (1) to whom disclosure is reasonably necessary for this Action; (2) who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (c) the Court and its personnel; (d) court reporters and videographers, and their staff; (e) professional jury or trial consultants including mock jurors who have signed the “Non-Disclosure Agreement” (Exhibit B); (f) Professional Vendors to whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgement and Agreement to be Bound” (Exhibit A); (g) during their depositions, Rule 30(b)(6) witnesses to whom disclosure is reasonably necessary; (h) the author or recipient of a document containing the Protected Material or a custodian or other person who otherwise possessed knew, or reasonably may have known the Protected Material (e.g., those identified in Section 10 regarding depositions); and (i) any mediator who is assigned to this matter, and his or her staff, who have signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A). (j) a Party to this Action, who had already has seen or received the document, based on the face of the document itself. An example of this would be that the document marked “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” is an email, which based on the face of the document shows that it was already sent or received by the Party. (k) Defendant ▇▇▇▇▇▇▇ ▇▇▇▇▇, if in the reasonable good faith judgment of her counsel, her viewing of the document is necessary in order for counsel to comprehend the document sufficiently for her to present a defense, as long as she is not provided with any paper, electronic, or any other copy of the document and views it only in person in the presence of her counsel.