During a particularly contentious lawsuit between the government and tobacco companies, the government demanded all documents from research and development that may have information proving that the tobacco companies artificially enhanced the addictive characteristics of their product. Attorneys for the companies tried to quash this demand, saying that the search would not reveal just the evidentiary materials, but other documents not related to the case that were protected intellectual property. What approach can the judge take to make sure both sides get a fair shake?
◦ There is no level of protection enjoyed by the tobacco companies here. Their research is part of the problem and therefore they must make all documents available.
◦ The judge can order the tobacco companies to make their legal team available while the government counsel sorts through the documents looking for what they need.
◦ The judge can appoint an independent team of examiners, called a taint team, to sort through the documentation and identify what is protected material and what is not.
◦ By law, research materials are protected as intellectual property and therefore not available to the government.