FORM 2 PROTECTIVE ORDER—STATE COURT [CASE STYLE]

• Jurisdiction: United States

FORM 2 PROTECTIVE ORDER—STATE COURT [Case Style] AGREED PROTECTIVE ORDER

This Protective Order is issued to facilitate document disclosure and production under the Local Rules of this Court and the Texas Rules of Civil Procedure. Unless modified pursuant to the terms contained in this Order, this Order shall remain in effect through the conclusion of this litigation.

In Support of this order, the Court finds that:

1. Documents or information containing confidential proprietary and business information and/or trade secrets that bear significantly on the parties' claims or defenses may be disclosed or produced during the course of discovery in this litigation;

2. The parties to this litigation may assert that public dissemination and disclosure of such information could severely injure or damage the party disclosing or producing the information and could place that party at a competitive disadvantage;

3. Counsel for the party or parties receiving such information are presently without sufficient information to accept the representation(s) made by the party or parties producing such information as to the confidential, proprietary, and/or trade secret nature of such information; and

4. To protect the respective interests of the parties and to facilitate the progress of disclosure and discovery in this case, the following Order should issue:

1. Classified Information

"Classified Information" means any information of any type, kind, or character that is designated as "Confidential", "Attorneys Eyes Only" by any of the supplying or receiving persons, whether it be a document, information contained in a document, information revealed during a deposition, information revealed in an interrogatory answer, or otherwise.

2. Qualified Persons

"Qualified Persons" means:

a. For Attorneys Eyes Only information:

i. retained counsel for the parties in this litigation and their respective staff;
ii. actual or potential independent experts or consultants (and their administrative or clerical staff) engaged in connection with this litigation (which shall not include the current employees, officers, members, or agents of parties or affiliates of parties) who, prior to any disclosure of Classified Information to such person, have signed a document agreeing to be bound by the terms of this Protective Order (such signed document to be maintained by the attorney retaining such person) and have been designated in writing by notice to all counsel;
iii. this court and its staff and any other tribunal or dispute resolution officer duly appointed or assigned in connection with this litigation;
iv. potential witnesses and deponents (1) who, from the face of the document, appear as an author or recipient of a documents; (2) who appear on the face of the document to be the subject of the document; or (3) from whom there is a good faith basis to believe the potential witness or deponent has knowledge of the contents of a document;
v. in-house counsel of a Party;
vi. a mediator or other alternative dispute resolution provider acting under the provisions of the Texas Civil Practice and Remedies Code; and
vii. litigation vendors, court reporters, and other litigation support personnel;

b. For Confidential information:

i. the persons identified in subparagraph 2(a);
ii. the officers or employees of the party who are actively involved in the prosecution or defense of this case;
iv. Such other person as this court may designate after notice and an opportunity to be heard.

3. Designation Criteria

a. Nonclassified Information. Classified Information shall not include information that either:

i. is in the public domain at the time of disclosure, as evidenced by a written document;
ii. becomes part of the public domain through no fault of the recipient, as evidenced by a written document;
iii. the receiving party can show by written document was in its rightful and lawful possession at the time of disclosure; or
iv. lawfully comes into

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