I enjoyed reading this piece from Osborne Clark looking at how commercially sensitive materials can be protected during disclosure. This can often be a topic of concern, especially where competing organisations are involved in a dispute.
Ultimately, I can’t comment on the legal nuances to this, but from a technical perspective, there are many ways in which technology can assist. This could be, for instance, helping identify the materials that should be subject to this protection (not just through keywords, but by using TAR processes to find similar or related documents or those within the same chain) or by helping restrict access to ensure that they are only viewed by those authorised to do so; and by providing secure means of viewing the documents in a locked down manner, so that only authorised actions can be taken in respect of the documents.
Certainly, this sort of approach is something we have successfully implemented on a number of cases. If you’d like to learn more, please let me know.
It is important for parties to understand from the outset that on entering into litigation, they may be required to disclose commercially sensitive documents. Where that disclosure would present a real risk of future harm, it is possible to put measures in place that balance those risks against the need for litigants have access to documents that are relevant to the issues in dispute.