In-House Attorneys Can’t View Crucial Documents

In this article, Finnegan attorneys Smith R. Brittingham, IV and Elizabeth A. Niemeyer discuss administrative protective orders (APOs) issued in proceedings at the U.S. International Trade Commission (ITC) that often limit in-house counsel’s access to evidence. The authors describe the ITC’s strict protective order limit, review common scenarios faced by in-house counsel, and explore potential methods to increase APO access. Brittingham and Niemeyer conclude, “All parties tend to have an interest in more access to information where feasible and appropriate. Having a dialog about access to confidential information, and understanding the breadth of the APO and the resulting burdens on outside counsel, can help in-house counsel reduce frustration by either reaching an agreement, or creating a framework that can be used to gain access to as much information as possible.”