Also known as:umbrella protective orders · umbrella order · protective order
Written by attorneys · grounded in primary & secondary sources — see below
A protective order issued in civil discovery that permits a producing party to designate materials as confidential. The order then prohibits the receiving party from disclosing those materials to third parties outside the litigation.
Sources & Authorities
How it applies
Common Examples
6
ESI Production With Confidentiality Designations
Ultimate Solutions produced thousands of engineering files in response to Ursula Upton's document requests. It identified certain sources as not reasonably accessible due to cost and simultaneously moved for an umbrella protective order allowing it to stamp responsive materials confidential. The court granted the order after finding good cause, so Ursula could use the files only in the litigation and could not share them with competitors or other plaintiffs.
Prosecutor Disclosure Under Protective Order
A producing party in civil litigation possessed sensitive internal reports. To comply with disclosure obligations while protecting trade secrets, the party obtained an umbrella protective order from the tribunal. The order permitted delivery of the material to opposing counsel but barred any further dissemination outside the case.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Casebooks
Broad Confidentiality Order in Commercial Suit
Umeko Uchida sued Ultrasonic Dynamics for trade-secret misappropriation. During discovery the defendant produced sensitive pricing data and moved for an umbrella protective order allowing it to designate documents confidential. The court found good cause after the parties conferred and issued the order, limiting Umeko's use and disclosure of the designated materials to the present action.
Standing Challenge to Surveillance Order
Ulysses Ulrich and other plaintiffs challenged government surveillance programs. The government produced classified documents under an umbrella protective order that restricted dissemination. The court relied on the order to limit public disclosure while evaluating whether the plaintiffs had standing to seek further relief.
Clapper v. Amnesty International USA568 U.S. 398 (2013)
Forfeiture Proceeding With Sealed Records
The government sought forfeiture of Usman Uddin's real property. It produced investigative files under an umbrella protective order that kept certain documents sealed from public view. The order allowed the property owner access for defense purposes while preventing broader dissemination of sensitive information.
United States v. James Daniel Good Real Property510 U.S. 43 (2013)
Media Access Limited by Discovery Order
A newspaper sought access to financial documents produced in a defamation suit brought by Uma Upadhyay. The producing parties obtained an umbrella protective order that designated the materials confidential and barred disclosure outside the litigation. The court upheld the order because it was supported by good cause and applied only to discovered information.
Seattle Times Co. v. Rhinehart467 U.S. 20, 32–33, 36 (1984)
Common questions
Frequently Asked
3
What distinguishes an umbrella protective order from a non-sharing protective order?+
An umbrella protective order allows the producing party to designate any materials as confidential, thereby barring the receiving party from disclosing them to third parties. A non-sharing order is narrower and typically prohibits only sharing with other plaintiffs in similar cases. Both require good cause under Rule 26(c).
Supporting sources
When does a court have authority to issue an umbrella protective order?+
A court may issue the order on motion of a party or person from whom discovery is sought when good cause exists to protect against annoyance, embarrassment, oppression, or undue burden. The motion must certify a good-faith effort to resolve the dispute without court action.
Does an umbrella protective order prevent use of the information in the current litigation?+
No. The order restricts disclosure to third parties outside the litigation but permits the receiving party to use the designated materials for purposes of the pending case.
Supporting sources
418 U.S. 683, 710 (1974)Evidence
…The President entered a special appearance in the District Court on June 6 and requested that court to lift its protective order regarding the naming of certain individuals as coconspirators and to any additional extent deemed appropriate by the Court. This motion of the President was based on the ground that the…