Maintaining Privacy and Confidentiality in Litigation: Can It Be Done?

This year, privacy and confidentiality have become hot topics as government surveillance and data breaches are making headlines daily. Privacy and confidentiality, however, take on a different dimension for civil litigation attorneys who prosecute or defend causes of action for which “private” or “confidential” information may be discoverable or relevant in judicial proceedings. What considerations guide the use of such information during litigation and what should an attorney do to protect privacy or confidentiality?