IN RE SOLAREDGE TECHNOLOGIES, INC. SECURITIES LITIGATION

Background

The parties, through counsel, stipulated to a confidentiality agreement and protective order under Federal Rule of Civil Procedure 26(c). They sought protection for nonpublic and competitively sensitive information that might be disclosed during discovery. The court found good cause for an appropriately tailored order governing the pretrial phase of the action.

What the Order Covers

The order defines “Discovery Material” as information of any kind produced or disclosed during discovery. A producing party may designate only portions it reasonably and in good faith believes contain specified categories of information, including previously undisclosed financial information, information about ownership or control of a nonpublic company, business or marketing plans, product-development information, personal or intimate information, or another category later given confidential status by the court.

The order establishes procedures for marking confidential materials, designating deposition testimony and exhibits, and correcting an earlier failure to designate material. It states that confidentiality designations do not waive objections to discovery, privileges, or protections, and do not decide whether evidence is admissible at trial.

Disclosure and Use Limits

Confidential discovery material may be disclosed only to the parties and specified individuals, including counsel and their staff, litigation vendors, mediators or arbitrators, certain people identified on documents, potential witnesses, experts and specialized advisers, deposition stenographers, and the court. Some recipients must first receive the order and sign a non-disclosure agreement.

Recipients may use confidential material only to prosecute or defend this action and related appeals, not for another purpose or litigation. The order permits production in response to a lawful subpoena or other compulsory process under stated notice requirements. People with access must take precautions against unauthorized or inadvertent disclosure.

Court Filings, Challenges, and Enforcement

When confidential material is filed with the court, the parties must publicly file a redacted version and file the unredacted version under seal. A party seeking sealing must submit an application and supporting declaration justifying the request on a particularized basis. The order warns that the court may unseal material if the required specific findings are not made and that the court is unlikely to keep material confidential once introduced into evidence at trial.

A party may object to a confidentiality designation or request additional disclosure limits before trial. If the parties cannot resolve the issue, they must bring it to the court under the court’s individual practices.

Within 60 days after final disposition of the action, including appeals, recipients generally must return or destroy confidential material and certify that they have not retained copies or other reproductions. Attorneys specifically retained for the action may keep archival copies of certain case-related materials, but those copies remain subject to the order. The order continues after the litigation ends, and the court retains jurisdiction as needed to enforce it or impose contempt sanctions.

Disposition

Judge Gregory H. Woods entered the stipulated confidentiality agreement and protective order on June 4, 2025. The order governs discovery-related confidentiality and does not resolve the underlying securities litigation.