UIH Technologies LLC v. Kuehne + Nagle Inc.

Nature of the Order

The court approved a stipulated protective order agreed to by UIH Technologies LLC and Kuehne + Nagle Inc. The order governs documents, information, recordings, data, and deposition testimony designated as “Confidential” in this litigation. It also applies to confidential material produced by nonparties responding to subpoenas.

Confidentiality Designations

A party or nonparty may designate material as confidential when it reasonably believes the material contains nonpublic technical, financial, commercial, or otherwise protected information, or when producing it without protection could violate a licensing agreement or other contract. Designations generally must be made before or when the material is produced, by marking each page or otherwise using a reasonably equivalent marking method. A late designation may be made in good faith by written notice.

A receiving party may challenge a designation by first making a written request to the disclosing party or nonparty. The parties must then attempt to resolve the dispute. If they do not resolve it, the receiving party may ask the court to change the designation. Until the court rules, the material remains treated as confidential, and the disclosing party or nonparty has the burden of showing that the designation is proper.

Permitted Disclosure and Use

Confidential material may be disclosed only to specified persons, including attorneys and support staff involved in the case, certain litigation-support providers, relevant experts and consultants, the court and court personnel, and the parties and employees who reasonably need access to support claims or litigation related to the case.

The material may be used only for this action, when compelled by lawful process, when required by law, or when permitted by a court order. The order requires notice to opposing counsel when a receiving party receives a request, subpoena, or court order seeking confidential information, unless law prohibits notice.

The restrictions do not apply, or stop applying, to information that was already lawfully possessed, later lawfully obtained from an unrestricted third party, independently developed, publicly available, or used or admitted in open court without objection.

Continuing Duties and Inadvertent Disclosure

The confidentiality obligations continue after the case ends, and the court retains jurisdiction over disputes about improper use of protected information. After the litigation, including appeals, confidential materials must be returned or destroyed within 30 days after a written request, subject to the order’s exceptions for counsel’s retained sets of court-filed and confidential documents.

An inadvertent failure to mark confidential material does not waive protection if the disclosing party or nonparty promptly provides notice. After notice, the receiving party must make reasonable efforts to retrieve or limit the material and must return or destroy it as directed by the order.

Privilege Clawback

The order provides that inadvertent production of material protected by attorney-client privilege, the work-product doctrine, or another privilege or immunity generally does not waive that protection unless the court finds the production was willful or so reckless that it constituted a voluntary waiver. Upon notice, the receiving party must promptly return or destroy the protected material, related notes and work product, and provide written confirmation of compliance. A receiving party that disputes the protection may move for a court ruling within 10 business days, but may not use, share, or disclose the disputed material while the motion is pending, except for purposes of the motion.

Sealing and Disposition

The protective order does not authorize filing documents under seal. A separate application and court order addressing the specific material are required, along with the materials described in the order. The order also preserves each party’s ability to seek changes to the order or contest a confidentiality designation.

Court Action

The court approved the parties’ stipulated protective order. The text does not resolve the underlying claims or defenses between UIH Technologies LLC and Kuehne + Nagle Inc.